1.The application herein is dated October 5, 2022. It is an application by the State for extension of time to file an appeal against the judgment delivered by the High Court of Kenya sitting in Nyamira which was delivered on April 4, 2022. In the judgment, the learned Judge reversed the decision of the magistrate’s court and acquitted the respondent. The State believes the decision was wrong and will have serious implications for the victims of the alleged crime hence its decision to appeal.
2.The application was listed for hearing before me on July 23, 2023. The applicant filed written submissions. The respondent did not file any submissions. It soon became obvious that the respondent was never served with the hearing notice. Indeed, they were absent during the case management hearing before the Honourable Deputy Registrar raising questions if they were ever served with the application itself. The hearing notice was sent to Kibos Maximum Prison. However, the respondent is not an inmate having been acquitted by the High Court.
3.It would be unfair to the respondent for this application to proceed in their absence when they have not been served. Consequently, I direct the applicant to obtain a case management date before the Deputy Registrar and then to serve both the application and the mention date before the Deputy Registrar on the respondent; and then to duly file an affidavit of service. Thereafter, the application can be relisted for hearing.