[2000] KECA 160 (KLR)
The court found that the applicant's explanation for the delay, namely that his family was trying to raise money for the appeal, was not satisfactory because the cost of filing a notice of appeal in a criminal matter is minimal (Shs. 200/-). The delay of almost one year was deemed inordinate and inexcusable....
Source-derived case information.
- Citation
- [2000] KECA 160 (KLR)
- Parties
- Applicant: Charles Muraguri Wachira; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 17 of ??
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Criminal Appeal Procedure, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muraguri Wachira
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the inordinate delay in filing the notice of appeal.
- 2 Whether the delay in filing the application for extension of time is excusable.
Ratio Decidendi
The court found that the applicant's explanation for the delay, namely that his family was trying to raise money for the appeal, was not satisfactory because the cost of filing a notice of appeal in a criminal matter is minimal (Shs. 200/-). The delay of almost one year was deemed inordinate and inexcusable. Consequently, the court exercised its discretion to dismiss the application for extension of time to file the appeal.
Court Disposition
application dismissed
Orders
- The application for extension of time to file an appeal is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NAI 17 OF 2000 (NYR 13/2000) BETWEEN
CHARLES MURAGURI WACHIRA .............................. APPLICANT AND REPUBLIC .............................................. RESPONDENT
(Appeal for extension of time to file an appeal from a judgment of the High Court of Kenya at Nyeri (Juma J) dated 26th July, 1999 in H.C.CR.A. NO. 293 OF 1996) ***************** R U L I N G
This is an application for extension of time to file an appeal. The applicant was convicted of simple robbery and sent to prison for 7 years. He appealed to the superior court against conviction and sentence but his appeal was dismissed by Juma J on 26. 7.99. His advocate was present when judgment was delivered.
The present application was not filed until 27. 6.2000, almost one year later. The reason given by the applicant for this delay is that his family has been trying to find money to pay for his appeal. Filing a notice of appeal in a criminal matter costs only Shs. 200/-. The delay is inordinate and inexcusable. In the result, the application fails and is dismissed.
Dated and delivered at Nyeri this 23rd day of October, 2000. R. O. KWACH ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR