- The applicant has by undated Notice of Motion first placed before the Deputy Registrar on 4th September 2024 sought leave to file appeal out of time.
- He states that he was charged in Makindu MCCRC No. E006 of 2023 with defilement and was sentenced to serve 10 years’ imprisonment on 8th November 2023.
- That he is dissatisfied with the judgment of the subordinate court and wishes to challenge it on appeal.
- I have considered the application and the affidavit in support. He states that delay was caused by the fact that his relatives had offered to find him an advocate to appeal for him, but have not done so.
- The application is allowed.
- The applicant has leave to file and serve the appeal out of time- within 30 days of being supplied with the lower court record.
- Applicant and the Respondent be supplied with the proceedings and Judgment of the lower court.
- Orders be served upon the applicant for compliance through the in charge High Court Registry
- Orders accordingly.
File closed.
Dated, signed and delivered via CTS on 7th May 2025
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Mumbua T Matheka
Judge
CA Chrispol