[1998] KECA 86 (KLR)
The court found that the applicant lodged the Notice of Appeal within the prescribed 14-day period following the decision of the superior court. The subsequent endorsement by the Deputy Registrar, which occurred one day after lodging, did not constitute a delay attributable to the applicant. Therefore, the Notice of...
Source-derived case information.
- Citation
- [1998] KECA 86 (KLR)
- Parties
- Applicant: Hillary Bwire Wafula; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 1 of 1998
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application succeeds to the extent that the Notice of Appeal is deemed lodged within time.
- Judges
- AR Lorot
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Bwire Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant lodged the Notice of Appeal within the prescribed period.
- 2 Whether there was any delay in serving the Notice of Appeal justifying extension of time.
Ratio Decidendi
The court found that the applicant lodged the Notice of Appeal within the prescribed 14-day period following the decision of the superior court. The subsequent endorsement by the Deputy Registrar, which occurred one day after lodging, did not constitute a delay attributable to the applicant. Therefore, the Notice of Appeal was deemed to have been properly lodged within time, and the application for extension of time succeeded only to the extent that it clarified this position. No further extension was necessary as there was no delay on the part of the applicant.
Court Disposition
Application succeeds to the extent that the Notice of Appeal is deemed lodged within time.
Orders
- The applicant's Notice of Appeal is deemed to have been lodged within the prescribed period.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: GICHERU, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 1 OF 1998 (KSM 4/98) BETWEEN
HILLARY BWIRE WAFULA........................................APPLICANT AND REPUBLIC............................................................RESPONDENT
(Application for extension of time within which to serve notice of Appeal in an intended Appeal from the Judgment of the High Court of Kenya at Kakamega (Mr. Justice Tanui) dated 13th November, 1995 in H.C.C.CR. APP.NO. 236 OF 1995) ******************* R U L I N G
The applicant's Notice of Appeal was lodged in the superior court on 27th November, 1995 which was 14 days from the date of the decision of the superior court intended to be appealed from. It was, however, endorsed by the Deputy Registrar of the superior court on 28th November, 1997 - one day after the same had been lodged by the applicant. There does not therefore appear to have been a delay in lodging the said Notice of Appeal by the applicant and in the circumstances the same is deemed to have been lodged within the prescribed period. The result of the applicant's application is therefore that it succeeds to the extent aforementioned.
Dated and delivered at Kisumu this 23rd day of March, 1998.
J.E. GICHERU .
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR