[2024] KECA 768 (KLR)
The court found that the applicants had satisfactorily explained the delay in filing and serving the memorandum and record of appeal, attributing it to the late provision of a certified copy of the judgment. The applicants acted promptly in requesting the necessary documents and filed the application for extension...
Source-derived case information.
- Citation
- [2024] KECA 768 (KLR)
- Parties
- Applicant: The Attorney General; Applicant: The Inspector General of Police; Respondent: Katiba Institute; Respondent: Africa Centre for Open Governance (AFRICOG); Respondent: The Independent Policing and Oversight Authority; Respondent: International Justice Mission; Respondent: Kenya Human Rights Commission; Respondent: Kenya National Commission on Human Rights
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E148 of 2023
- Procedural Posture
- Civil Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Leave granted to file and serve the memorandum and record of appeal out of time.
- Judges
- DK Musinga
- Legal Topics
- Extension of Time, Appeal Filing Deadlines, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General
Applicant
The Inspector General of Police
Applicant
Katiba Institute
Respondent
Africa Centre for Open Governance (AFRICOG)
Respondent
The Independent Policing and Oversight Authority
Respondent
International Justice Mission
Respondent
Kenya Human Rights Commission
Respondent
Kenya National Commission on Human Rights
Respondent
Procedural Posture
Civil Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing and serving the memorandum and record of appeal out of time.
- 2 Whether leave should be granted to file and serve the memorandum and record of appeal out of time.
Ratio Decidendi
The court found that the applicants had satisfactorily explained the delay in filing and serving the memorandum and record of appeal, attributing it to the late provision of a certified copy of the judgment. The applicants acted promptly in requesting the necessary documents and filed the application for extension of time without undue delay. As the application was unopposed and no prejudice to the respondents was demonstrated, the court exercised its discretion to grant the orders sought, allowing the memorandum and record of appeal to be filed and served out of time. No order as to costs was made.
Court Disposition
Application allowed. Leave granted to file and serve the memorandum and record of appeal out of time.
Orders
- Leave is granted to the applicants to file and serve the memorandum and record of appeal out of time.
- The memorandum and record of appeal dated 14th April 2023 are deemed as duly filed and properly served.
Full Case Text
Judgment text and source record
31 paragraphs
Attorney General & another v Katiba Institute & 5 others (Civil Appeal (Application) E148 of 2023) [2024] KECA 768 (KLR) (5 July 2024) (Ruling)
Neutral citation: [2024] KECA 768 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E148 of 2023
DK Musinga, JA
July 5, 2024
Between
The Attorney General
1st Applicant
The Inspector General of Police
2nd Applicant
and
Katiba Institute
1st Respondent
Africa Centre for Open Governance (AFRICOG)
2nd Respondent
The Independent Policing and Oversight Authority
3rd Respondent
International Justice Mission
4th Respondent
Kenya Human Rights Commission
5th Respondent
Kenya National Commission on Human Rights
6th Respondent
(An Application seeking leave to file and serve a Memorandum of Appeal and Record of Appeal out of time against the Judgment of the High Court of Kenya at Nairobi (Mrima, J.) delivered on 16th December 2022 in High Court Constitutional Petition No. 379 of 2017 Constitutional Petition 379 of 2017 )
Ruling
1. The applicants’ motion dated 14th April 2023 seeks leave to file and serve the memorandum of appeal and the record of appeal dated 14th April 2023 out of time. The applicants further pray that the said memorandum and record of appeal be deemed as duly filed and served properly.
2. The affidavit in support of the application by Gracie Museo Mutindi, an advocate practising as such in the Office of the Attorney General, states that the judgment sought to be appealed from was delivered on 16th December 2022; that a notice of appeal was filed on 19th December 2022 and on the same day certified copies of the proceedings and judgment were sought; that on 20th December 2022 an undated and unsigned copy of the judgment was provided; that on 8th February 2023 certified copies of the proceedings were supplied, but it was not until 22nd March 2023 that a certified copy of the judgment was provided.
3. The application is not opposed as none of the respondents filed any replying affidavit. I am satisfied that the delay has been well explained. Consequently, I grant the orders as sought and make no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 5TH DAY OF JULY, 2024. D. K. MUSINGA, (P)...................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR