IN THE COURT OF APPEAL
AT NAKURU
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 27 OF 2002 (NAK 8/02)
BETWEEN
SAMSON MOGAL LONGALAMOI..............................APPLICANT
AND
REPUBLIC .............................................. ............RESPONDENT
(An application for extension of time to lodge Notice of Appeal
out of time in an intended appeal from the judgment of the High
Court of Kenya at Eldoret (Tunya, J) dated 8th February, 2002
in
H.C.CR.A. NO. 138 OF 1999
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R U L I N G
The applicant was convicted of the offence of simple robbery contrary to section 296(1) of the Penal Code , by the magistrate’s court. On appeal the High Court sentenced him to death on the basis that the offence disclosed was that of robbery with violence contrary to section 296(2) of the Penal Code . From what the applicant tells me I cannot be sure if he did lodge a notice of appeal. He says he thumb-printed a document. I allow this application and for avoidance of doubt …