[2002] KECA 102 (KLR)
The court found that the applicant was not at fault for the delay in lodging the notice of appeal, as the summary rejection of the appeal by the High Court was not communicated to him in time. In the absence of opposition from the state and in the interests of justice, the court exercised its discretion to extend...
Source-derived case information.
- Citation
- [2002] KECA 102 (KLR)
- Parties
- Applicant: Charles Karuku Njogu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 29 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application allowed; extension of time granted.
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Karuku Njogu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal.
- 2 Whether the delay in communicating the High Court's summary rejection justified the extension.
Ratio Decidendi
The court found that the applicant was not at fault for the delay in lodging the notice of appeal, as the summary rejection of the appeal by the High Court was not communicated to him in time. In the absence of opposition from the state and in the interests of justice, the court exercised its discretion to extend the time for lodging the notice of appeal, deeming the notice already filed as properly lodged within the extended period.
Court Disposition
Application allowed; extension of time granted.
Orders
- Time to lodge the notice of appeal is extended.
- The notice of appeal lodged on 21st June, 2002 is deemed to have been lodged in time.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT NAKURU CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 29 OF 2002 BETWEEN CHARLES KARUKU NJOGU ......... APPLICANT AND REPUBLIC ............................... RESPONDENT (An application for extension of time to lodge a Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nakuru (Visram, J) dated 14th March, 2002 in H.C.CR.APP. NO. 522 OF 2002) ********************R U L I N G The state does not oppose this application. It is apparent that summary rejection of the appeal by the High Court was not timeously communicated to the applicant. In these circumstances I extend the time to lodge the notice of appeal so that the notice of appeal lodged on 21st June, 2002 is deemed to be lodged in time, as extended by me now. Dated and delivered at Nakuru this 26th day of September, 2002. A. B. SHAH...............JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR