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PHILLIP MAINGI MUEKE
V.
REPUBLIC

(2018) JELR 93836 (CA)

Court of Appeal 7 Dec 2018 Kenya
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Case Details

Suit Number:Criminal Application 6 of 2018
Judges:Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Phillip Maingi Mueke v. Republic [2018] eKLR

RULING

By the motion on notice dated 2nd March 2018 the applicant Phillip Mwangi Mueke prays that the time for the filing of a notice of appeal against the judgment of the High Court (Kimaru, J.) dated 8th October 2015 be extended. That judgment dismissed the applicant’s appeal to that court against his conviction on the offence of defilement of a child contrary to Section 8(2) of the Sexual Offences Act, for which he was sentenced to life imprisonment. The trial court had found as proved the prosecution case that on 13th January 2009, the appellant had inserted his penis into the anus of KH, a girl then aged 9 years.

The grounds upon which the application are premised and which are expanded on in the applicant’s affidavit sworn on 2 nd March 2018, appear on its face as;

“(i) Time to lodge the Appeal in this matter expired on 22nd October, 2015 after judgment was delivered by the High Court on 8th October, 2015.

(ii) The applicant was unrepresented and indigent thus was unable to be aware…

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