October 11, 1985, Platt AgJA delivered the following Ruling.
Mr Bernard Wachira applied by motion to extend the time for filing the notice of appeal to this court of his first appeal.
At first the proceedings at the trial and on first appeal were not before me and a further affidavit was permitted, attaching copies of those proceedings and the intended appeal to his court.
It now appears that the applicant was convicted on a plea of guilty to the charge of preparation to commit a crime contrary to section 308 (1) if the Penal Code. He was sentenced to 10 years imprisonment together with 8 strokes of corporal punishment. As far as I make out the first appeal lay against sentence only. Mr Gathenji spelt out an appeal against the plea, because the applicant referred to his being the victim of other accused persons. But I cannot think that that was so. Despite the argument of Mr Gathenji I cannot see that the learned judge could really have considered that there was material before him to co…