[2002] KECA 76 (KLR)
The court exercised its discretion to grant the applicant leave to file her appeal out of time, finding it appropriate in the circumstances. The ruling does not elaborate on the reasons, but the order is made in the interest of justice to allow the applicant to challenge her conviction and sentence.
Source-derived case information.
- Citation
- [2002] KECA 76 (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.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file her appeal out of time, finding it appropriate in the circumstances. The ruling does not elaborate on the reasons, but the order is made in the interest of justice to allow the applicant to challenge her conviction and sentence.
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 applicant must file and serve the respondent within 14 days of this order.
Full Case Text
Judgment text and source record
3 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT 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 18 th 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 outof 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 REGIST RAR.