1. Whereas the Respondent was served with the application herein on 26.7.2024, no response has so far been made as Mwema had sought for 5 days to file a response. She has not adduced a reason as to why no response was filed during the two months plus that the Respondent was in receipt of this application.
2. This application thus stands unopposed. No prejudice will be suffered by the Respondent in the event this court exercises its discretion under Section 349 of the Criminal Procedure Code in favour of the Applicant.
3. I have perused the application and I am persuaded that the reason advanced for the delay that Mr. Gilbert Oguso Obare had despite being instructed failed to file an appeal in time is persuasive. I will allow this application and direct that the Applicant do file a memorandum of appeal within 7 days from the date hereof.
4. This file is marked as closed.
Dated, signed and delivered at Kisumu this 3rd day of October, 2024.
2. This application thus stands unopposed. No prejudice will be suffered by the Respondent in the event this court exercises its discretion under Section 349 of the Criminal Procedure Code in favour of the Applicant.
3. I have perused the application and I am persuaded that the reason advanced for the delay that Mr. Gilbert Oguso Obare had despite being instructed failed to file an appeal in time is persuasive. I will allow this application and direct that the Applicant do file a memorandum of appeal within 7 days from the date hereof.
4. This file is marked as closed.
Dated, signed and delivered at Kisumu this 3rd day of October, 2024.