REPUBLIC OF KENYA High Court at Malindi Criminal Appeal 38 of 2011 KABIBI KALUME KATSUI.....….......................…………APPELLANT VERSUS REPUBLIC………………………………...……………RESPONDENT (From original conviction and sentence in criminal case no. 1030 of 2009 of the Chief Magistrate’s Court at Kilifi before Hon. D. W. Nyambu - PM) RULING 1. Having considered the appellant's application under Section 358 of the Criminal Procedure Rules I am not persuaded that te same is merited. I do therefore reject the application and direct that the appeal proceeds to hearing. Reasons for my decision will be given at the time of judgment on the appeal. Delivered and signed in open court this 19th day of October, 2012 in the presence of the accused, Mr. Ogeto holding brief for Mr. Mouko for the appellant. C. W. Meoli JUDGE COURT – Appeal for hearing on 14th November, 2012. C. W. Meoli JUDGE
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