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DIRECTOR OF PUBLIC PROSECUTIONS
V.
AHMED MOHAMMED OMAR & 5 ORS

(2017) JELR 102692 (SC)

Supreme Court 23 Mar 2017 Kenya
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- The Director of Public Prosecutions (DPP) applied ex parte to the Supreme Court for an enlargement of time to file a Notice of Appeal against a Court of Appeal decision acquitting respondents previously convicted of murder in Republic v.

Case Details

Suit Number:Criminal Application 34 of 2014
Judges:Jackton Boma Ojwang, Susanna Njoki Ndungu
Other Citations:Director of Public Prosecutions v. Ahmed Mohammed Omar & 5 others [2017] eKLR

RULING

[1] UPON perusing the application by way of Ex parte Notice of Motion dated 1st September 2014 and filed on 2nd September 2014 seeking enlargement of time to file a Notice of Appeal; and

[2] UPON reading the supporting affidavit of KIOKO KAMULA sworn on 1st September 2014:

[3] WE HAVE CONSIDERED the applicant’s written submissions in which he contests the merits of the Court of Appeal decision allowing an appeal from the High Court decision in which the respondents had been found guilty on charges of murder, in Criminal Case No.14 of 2010 – Republic v. Ahmed Mohammed Omar and 6 Others.

[4] THE DEPONENT avers that the applicant’s delay in filing a Notice of Appeal was for good cause, and that such delay was in any case, not inordinate.

[5] THE DEPONENT avers that he had, following the delivery of the Judgment of the Court of Appeal, “constituted a team of Prosecution Counsel with instructions that they review the entire evidence and proceedings in the High Court and the Court of Appe…

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