[2001] KECA 71 (KLR)
The court found that the applicant handed over his notice of appeal to the prison authorities within a reasonable time after conviction and sentencing. The delay in lodging the notice with the Deputy Registrar was not attributable to the applicant but to the prison authorities. In the interests of justice, the court...
Source-derived case information.
- Citation
- [2001] KECA 71 (KLR)
- Parties
- Applicant: Evans Kanai Karanja; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 11 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Notice of Appeal, Prisoner Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Kanai Karanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file a notice of appeal out of time.
- 2 Whether the delay in lodging the notice of appeal was attributable to the applicant.
Ratio Decidendi
The court found that the applicant handed over his notice of appeal to the prison authorities within a reasonable time after conviction and sentencing. The delay in lodging the notice with the Deputy Registrar was not attributable to the applicant but to the prison authorities. In the interests of justice, the court exercised its discretion to allow the application and extend the time for filing the notice of appeal.
Court Disposition
application allowed
Orders
- Time for filing the notice of appeal is extended to 13th February, 2001.
- The notice of appeal filed on 13th February, 2001 is deemed to have been duly filed and delivered within time.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAKURU(CORAM: OWUOR, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 11 OF 2001 BETWEEN EVANS KANAI KARANJA .................................... APPLICANT AND REPUBLIC ............................................... RESPONDENT (Application for extension of time to file Notice of appeal out of time from the Judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita) dated 10th January, 2001 in H.C.CR. CASE NO. 26 OF 1999) **************** R U L I N G The applicant handed over his Notice of appeal to the prison authorities on 22nd January, 2001 after being convicted and sentenced on 10th January, 2001. The same was not lodged with the Deputy Registrar of this Court till 21st February, 2001. The delay cannot be attributed to the applicant. This application is allowed and time for filing the Notice of appeal is hereby extended to 13th February, 2000. Notice of appeal filed on 13th February, 2001 is hereby deemed to have been Dfaitleedd awnidt hdine litviemree.d at Nakuru this 24th day of September, 2001.
E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR