SOSPETER MWANGI KARANJA V. REPUBLIC

RULING OF THE COURT

SOSPETER MWANGI KARANJA, the applicant herein, seeks two orders expressly under the provisions of rules 56 and 67 of the Court of Appeal Rules. First, that this Court grants him leave to restore Criminal Appeal No. 81 of 2007; and second, that the order of withdrawal of the appeal this Court made on 3^rd June, 2008 be declared a nullity, set aside and that the appeal be heard afresh. The applicant is not represented before us and is prosecuting the motion in person.

It is necessary to set out briefly the facts giving rise to this application. The applicant had been arraigned before the Chief Magistrate, Nairobi, on a charge of stealing by agent contrary to section 283 of the Penal Code. However, before the trial commenced the State sought to enter a nolle prosequi. Despite resistance by the applicant’s counsel the trial magistrate accepted it and the applicant was accordingly discharged under section 87 (a) of the Criminal Procedure Code. Being aggrieved, the applican…