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|Case Number:||Criminal Application 12 of 1997|
|Parties:||Peter Gatonye Kagimbi v Republic|
|Date Delivered:||01 Oct 1997|
|Court:||Court of Appeal at Nairobi|
|Judge(s):||Gurbachan Singh Pall|
|Citation:||Peter Gatonye Kagimbi v Republic  eKLR|
|Case History:||(An application for extension of time to file and serve Notice of Appeal in an intended appeal from a conviction and Judgment of the High court of Kenya at Nairobi (Mr Justice Oguk) dated 17th June, 1996 in CR. APPEAL NO. 1558 OF 1992)|
|History Docket No:||CR. Appeal 1558 of 1992|
|History Judges:||Samwel Odhiambo Oguk|
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
(CORAM: PALL J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI.12 OF 1997
PETER GATONYE KAGIMBI...................................APPLICANT
(An application for extension of time to file and serve Notice of Appeal in an
intended appeal from a conviction and Judgment of the High court of Kenya
at Nairobi (Mr Justice Oguk) dated 17th June, 1996
CR. APPEAL NO. 1558 OF 1992)
R U L I N G
The applicant wishes to appeal to this court which would be a second appeal. Mr Rebeiro says that the appeal is gong to be on a point of law involving the expert evidence adduced in the trial court. The applicant duly instructed his advocates m/s Waruhiu & Muite, a well known firm to file the appeal. Under r.58(1) of our Rules any person who desires to appeal to the Court of Appeal shall give notice in writing which shall be lodged in sexduplicate with the registrar of the superior court within 14 days of the date of the decision sought to be appealed from and the notice of appeal shall institute the appeal. Instead of instituting the appeal by the mere filing of the notice of appeal the applicant's former advocates applied for copies of the proceedings and had been waiting for the said copies. Under r.60 the record of appeal is to be prepared by the registrar of the superior court and not by the appellant.
Because of this lapse on the part of the applicant's former advocates no notice of appeal has been lodged. I do not see any reason why the applicant should suffer and be deprived of his right of appeal because of the sin of his former advocates.
I accordingly allow the application and extend the period for filing the notice of appeal under r.4 of the Rules. The notice of appeal shall be filed within 7 days.
Dated and delivered at Nairobi this 1st day of October, 1997.
G. S. PALL
JUDGE OF APPEAL
I certify that this is a true copy of the original.