[2002] KECA 27 (KLR)
The court exercised its discretion to grant the applicant leave to file her appeal out of time. The ruling does not elaborate on the reasons for the delay or the arguments advanced but simply records the grant of leave, subject to the condition that the appeal and service on the respondent must be effected within 14...
Source-derived case information.
- Citation
- [2002] KECA 27 (KLR)
- Parties
- Applicant: Beatrice Wanjiru Kinua; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 47 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Wanjiru Kinua
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against conviction and sentence.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file her appeal out of time. The ruling does not elaborate on the reasons for the delay or the arguments advanced but simply records the grant of leave, subject to the condition that the appeal and service on the respondent must be effected within 14 days. The decision is grounded in the court's statutory power to extend time for filing appeals where justice so requires.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted leave to file her appeal out of time.
- The appeal must be filed and served on the respondent within 14 days of this order.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: KEIWUA, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 47 OF 2002 (NYR.6/2002)
BETWEEN
BEATRICE WANJIRU KINUA………………………………………APPLICANT
AND
REPUBLIC…………………………………………………………..RESPONDENT
(Application for extension of time to appeal out of time an appeal from a conviction and sentence of the High Court of Kenya at Nyeri (Juma, J) dated 18th April, 2002 in H.C.CR.C. NO. 24 OF 2000) ************** R U L I N G
The applicant is granted leave to file her appeal out of time. She must file it and serve the respondent within 14 days of this order. Dated and delivered at Nyeri this 28 th day of October, 2002. M. Ole KEIWUA ………………….. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.