[1999] KECA 60 (KLR)
The court exercised its discretion to grant leave to the applicant to file a notice of appeal out of time, finding that the circumstances justified the extension. The judge considered the application and determined that it was appropriate to allow the applicant to proceed with the appeal process, provided the notice...
Source-derived case information.
- Citation
- [1999] KECA 60 (KLR)
- Parties
- Applicant: Calib Kiprotich Sawe; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 11 of 1999
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calib Kiprotich Sawe
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant leave to the applicant to file a notice of appeal out of time, finding that the circumstances justified the extension. The judge considered the application and determined that it was appropriate to allow the applicant to proceed with the appeal process, provided the notice is lodged within seven days.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant, Calib Kiprotich Sawe, is granted leave to lodge his notice of appeal out of time.
- The notice of appeal must be lodged within the next seven days.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 11 OF 1999 BETWEEN
CALIB KIPROTICH SAWE...................................APPLICANT AND REPUBLIC.............................................RESPONDENT
(An application to appeal out of time in the High Court of Kenya at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998
R U L I N G
I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice of appeal out of time. Let it be lodged within the next seven days.
Dated and delivered at Nairobi this 30th day of August,
1999.
A.B. SHAH ................. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.