[2001] KECA 249 (KLR)
The court found that although the applicant's reason for delay—lack of funds to hire an advocate—was not tenable, the absence of opposition from the State and the applicant's ignorance justified the exercise of discretion in his favour. The court considered the interests of justice and the applicant's right to...
Source-derived case information.
- Citation
- [2001] KECA 249 (KLR)
- Parties
- Applicant: Gibson King'au Lazaro; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 35 of 2000
- 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, Criminal Conviction, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson King'au Lazaro
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in lodging the Notice of Appeal out of time.
- 2 Whether the court should exercise its discretion to extend time for filing the Notice of Appeal.
Ratio Decidendi
The court found that although the applicant's reason for delay—lack of funds to hire an advocate—was not tenable, the absence of opposition from the State and the applicant's ignorance justified the exercise of discretion in his favour. The court considered the interests of justice and the applicant's right to appeal, ultimately allowing the application and extending the time to validate the Notice of Appeal already lodged out of time.
Court Disposition
Application allowed. Extension of time granted.
Orders
- Time for lodging a Notice of Appeal is extended to validate the applicant's Notice of Appeal lodged on 29th November, 2000, out of time.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL
AT NAKURU
CORAM: BOSIRE, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 35 OF 2000
BETWEEN
GIBSON KING'AU LAZARO ...................................APPLICANT
AND
REPUBLIC ...............................................RESPONDENT
(An application for extension of time to lodge Notice of
Appeal out of time in an intended appeal from a Judgment
of the High Court of Kenya (Hon. Mr. Justice Rimita &
Ondeyo, JJ.) dated 16th February, 2000
in
H.C.CR.C. NO. 1442 OF 1998)
*************** R U L I N G
In this application under rule 4 of the Court of Appeal Rules for an extension of time within which to lodge a Notice of Appeal, the applicant says that the delay in lodging the Notice was due to the fact that he did not have the money to hire an advocate to represent him in his intended appeal against conviction and sentence for the offence of cultivating canabis sativa. The reason is not tenable, but considering that Mr. Mutuku, Senior State Counsel, does not oppose the application and also that I consider that it was due to ignorance on the part of the applicant that he did not lodge his Notice of Appeal, in time, I am minded to allow the application. I extend the time for lodging a Notice of Appeal for such time as will validate the applicant's Notice of Appeal lodged on 29th November, 2000, out of time.
Dated and delivered this 19th day of February, 2001.
S. E. O. BOSIRE ...................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR