[2002] KECA 71 (KLR)
The court found that the applicant failed to demonstrate any point of law that would warrant the grant of an extension of time to appeal. The judge noted that the applicant's persistence was not grounded in any legal merit and that allowing the application would amount to wasting judicial time on a futile appeal....
Source-derived case information.
- Citation
- [2002] KECA 71 (KLR)
- Parties
- Applicant: Abdalla Otieno Kitengo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 40 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Assault Causing Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Otieno Kitengo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for extension of time to lodge an appeal out of time.
- 2 Whether there exists any arguable point of law in the intended appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate any point of law that would warrant the grant of an extension of time to appeal. The judge noted that the applicant's persistence was not grounded in any legal merit and that allowing the application would amount to wasting judicial time on a futile appeal. The absence of any substantive legal issue or prejudice in the High Court's judgment led to the dismissal of the application for extension of time.
Court Disposition
application dismissed
Orders
- The application for extension of time to lodge an appeal out of time is dismissed.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT KISUMUCORAM: SHAH, J.A. (IN CHAMBERS)CRIMINAL APPLICATION NO. NAI. 40 OF 2002 (KSM.24/2002)ABDALLA OTIENO KITENGO ...............................APPLICANTANDREPUBLIC .......................................................RESPONDENT(An application for extension of time to lodge an appeal out of time from a Judgment of the High Court of Kenya at Kisumu (Mr. Justice Kuloba) dated 21st October, 1994 in H.C.CR.A. NO. 305 OF 1993) ***************R U L I N G
The applicant, Abdalla Otieno Kitengo , was convicted of the offence of assault causing bodily harm and was fined. In default of payment of fine he was ordered to serve six months in jail. For one reason or another he could not mount a second appeal against dismissal of first appeal by the High Court. The High Court dismissed his first appeal on 21st October, 1994. I am not told, really, what point of law the applicant may have in the intended appeal. I see none. The applicant keeps on saying he was prejudiced. I see nothing of the sort in the judgment of the High Court. The applicant persists in following up the intended appeal or rather what he callsT hteh e apapplpeiacla nta lrweialdly bfei lmeedr.ely wasting Court's time on an appeal which is not based on any point of law. I would not want to allow the applicant to indulge in the luxury of arguing a futile appeal. This application is dismissed.Dated an delivered at Kisumu 25th day of November, 2002. A. B. SHAH.................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR