[1996] KECA 137 (KLR)
The court held that the applicant failed to provide a sufficient or good reason for the delay in filing the notice of appeal. The explanation that the applicant's relatives did not instruct counsel on time was deemed inadequate. Consequently, the court declined to exercise its discretionary jurisdiction under rule 4...
Source-derived case information.
- Citation
- [1996] KECA 137 (KLR)
- Parties
- Applicant: Charles Wanjau Karimi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 1996
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wanjau Karimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice of appeal within the prescribed period.
- 2 Whether the court should exercise its discretion under rule 4 to extend time for filing the notice and record of appeal.
Ratio Decidendi
The court held that the applicant failed to provide a sufficient or good reason for the delay in filing the notice of appeal. The explanation that the applicant's relatives did not instruct counsel on time was deemed inadequate. Consequently, the court declined to exercise its discretionary jurisdiction under rule 4 of the Court of Appeal Rules to extend the time for filing the notice and record of appeal, resulting in the dismissal of the application.
Court Disposition
application dismissed
Orders
- The application for extension of time to file and serve a notice of appeal and record of appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: BOSIRE AG. J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.NAI 9 OF 1996(NYR 2/96)
BETWEEN
CHARLES WANJAU KARIMI ...................................APPLICANT AND REPUBLIC ..............................................RESPONDENT
(Application for extension of time to file fresh notice of appeal and record of appeal from a conviction, judgment, or as the case may be) of the High Court of Kenya At Nyeri (Justice J.L.A. Osiemo) dated 24th day of September 1996
in H.C.C.C. No.226 of 1995) ******************
RULING OF THE COURT
This is an application under rule 4 of the Rules of this court for extension of time to file and serve a notice of appeal and thereafter a record of appeal. The applicant intends to appeal against the judgment of the superior court (Osiemo, J.,) delivered on 24th September, 1996.
By dint of rule 58, a notice of appeal should have been filed within 14 days of that decision. However, none was filed. The reason given is that the relatives of the applicant, did not instruct counsel on time. That is not a sufficient reason for seeking extension. I therefore agree with Mr Bwonwong'a the Assistant Deputy Public Prosecutor, that no sufficient good reason has been given for my exercise of the discretionary jurisdiction under rule 4, above. I therefore dismiss this application. Order accordingly.
Dated at Nairobi and delivered this 21st day of November 1996.
S.E.O. BOSIRE
...........................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR