RULING
1. By Notice of Motion dated 27th September 2024, the applicant seeks leave of this Court to appeal out of time from the conviction and sentence of the Nakuru High Court in HCCRA No. 382 of 2003. The applicant was charged in Nyahururu CM Criminal Case No. 2635 of 2001 with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. After full trial, the applicant was convicted and sentenced to death. On appeal, the High court upheld the conviction but set aside the death sentence and substituted the same with life imprisonment.
2. The applicant is aggrieved with those findings. In support of his application, the applicant has attached his supporting affidavit, memorandum of appeal and notice of appeal. He urged this Court to allow his application for the following reasons: he was unable to obtain legal representation in good time due to financial constraints; he had been in prison for 23 years and had since been rehabilitated.
3. In the respondent’s writte…