SUDI KOZI ALI V. REPUBLIC

RULING

The applicant Sudi Kozi Ali seeks leave to have the duly filed appeal admitted out of the statutory period allowed for filing of appeals.

In grounds on the face of the motion and in the supporting affidavit, the applicant explains that he was the accused in HCCR No. 8 of 2019 at the High Court in Garissa. Judgment was delivered on 23rd November 2021 wherein Ali-Aroni, J. (as she then was) convicted him of manslaughter on his own plea of guilty and sentenced him to 20 years imprisonment. He applied for a copy of the judgment together with typed proceedings on 1st December 2022, to enable him to lodge an appeal, but the same were issued on 9th August 2023. The applicant indicates that he was unable to file the notice of appeal in time because he engaged the services of an Advocate by the name Alfred Omwancha to file the appeal and his relatives went ahead and paid him fees, but he did not. The Advocate was apparently sickly for some time and therefore he could not proceed with the …