Case Metadata |
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| Case Number: | Criminal Application 18 of 1997 |
|---|---|
| Parties: | Kitonga Mbundu v Republic |
| Date Delivered: | 25 Sep 1997 |
| Case Class: | Criminal |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Ruling |
| Judge(s): | Samuel Elikana Ondari Bosire |
| Citation: | Kitonga Mbundu v Republic [19997]eKLR |
| Case History: | (Appeal from a judgment of the High Court of Kenya at Eldoret (Nambuye J) dated 14th February, 1995 in H.C.CR.A. NO. 275 OF 1994) |
| Court Division: | Criminal |
| County: | Nakuru |
| History Docket No: | H.C.CR.A. NO. 275 OF 1994 |
| History Judges: | Roselyn Naliaka Nambuye |
| History County: | Uasin Gishu |
| 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 |
BETWEEN
KITONGA MBUNDU ........................ APPLICANT
AND
REPUBLIC .................................. RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Eldoret
R U L I N G
This is a fit case for extension of time. The applicant was not notified immediately of the summary rejection of his appeal to the High Court. The blame lies with the prison authority under whose custody the applicant was and still is. He filed a notice of appeal out of time without first obtaining an order extending time. The appeal he filed was struck out for being incompetent. It is trite that he may restart de novo the appellate process. In the circumstances I allow the application and extend the time within which to file a fresh notice of appeal.
Dated and delivered at Nakuru this 25th day of September, 1997.
S. E. O. BOSIRE
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AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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