[2002] KECA 69 (KLR)
The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding it appropriate in the circumstances. The order was made without detailed reasoning on the merits or the cause of delay, indicating a summary exercise of judicial discretion in the interests of justice.
Source-derived case information.
- Citation
- [2002] KECA 69 (KLR)
- Parties
- Applicant: Fredrick Njuguna; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 44 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Njuguna
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding it appropriate in the circumstances. The order was made without detailed reasoning on the merits or the cause of delay, indicating a summary exercise of judicial discretion in the interests of justice.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted leave to file his appeal out of time.
- The applicant must file the appeal and serve it on the respondent within fourteen days of this order.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NYERI
CORAM: KEIWUA, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 44 OF 2002
BETWEEN
FREDRICK NJUGUNA ………..…………………………..APPLICANT
AND
REPUBLIC ……………………………………………….RESPONDENT
(Application for extension of time to appeal out of time from the
Ruling of the High Court of Kenya at Nyeri (Mitey J) dated 28. 1.2002
in
H.C.CR.APP. NO. 349 OF 2000)
*****************
R U L I N G
This applicant is granted leave to file his appeal out of time. He must file the appeal and serve it on the respondent within fourteen days of this order.
Dated and delivered at Nyeri this 28th day of October, 2002.
M. Ole KEIWUA ---------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR