[2002] KECA 28 (KLR)
The Court held that since there was no suggestion that the sentence imposed by the High Court was illegal, and the application was for extension of time to appeal against a lawfully passed sentence, there was no legal basis for granting the extension. The absence of opposition by the state does not confer a right of...
Source-derived case information.
- Citation
- [2002] KECA 28 (KLR)
- Parties
- Applicant: Gibson Wanjohi Wamuyu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 45 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Criminal Appeal Procedure, Lawful Sentence, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson Wanjohi Wamuyu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file an appeal out of time against a lawfully passed sentence.
- 2 Whether there is any legal basis to appeal where the sentence is not alleged to be illegal.
Ratio Decidendi
The Court held that since there was no suggestion that the sentence imposed by the High Court was illegal, and the application was for extension of time to appeal against a lawfully passed sentence, there was no legal basis for granting the extension. The absence of opposition by the state does not confer a right of appeal where none exists in law. Therefore, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time to file appeal out of time is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 45 OF 2002 (NYR. 5/2002)
GIBSON WANJOHI WAMUYU……………..….……………….APPLICANT AND REPUBLIC…………………….…………………………………..RESPONDENT
(Application for extension of time to file appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Nyeri (Juma, J) dated 4th April, 2001 in H.C.CR.A. NO. 7 OF 2000) *************** R U L I N G
Although the state is not opposing this application, there can be no appeal to this Court in regard to a lawfully passed sentence. There is no suggestion that the sentence is illegal. This application is dismissed. Dated and delivered at Nyeri this 29 th day of October, 2002. A.B. SHAH ……………….. JUDGE OF A PPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.