[2002] KECA 97 (KLR)
The court found that since the applicant had already been released from prison, there was no longer any practical purpose to be served by granting an extension of time to file an appeal. The application was therefore dismissed as moot.
Source-derived case information.
- Citation
- [2002] KECA 97 (KLR)
- Parties
- Applicant: Innocent Ochieng; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 143 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeal Out of Time, Release From Prison
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Innocent Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file an appeal out of time after being released from prison.
Ratio Decidendi
The court found that since the applicant had already been released from prison, there was no longer any practical purpose to be served by granting an extension of time to file an appeal. The application was therefore dismissed as moot.
Court Disposition
application dismissed
Orders
- The application for extension of time to file an appeal out of time is dismissed.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT MOMBASA CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 143 OF 2001 BETWEEN INNOCENT OCHIENG ................................... APPLICANT AND REPUBLIC .......................................... RESPONDENT (Application for extension of time to file an appeal out of time from a judgment of the High Court of Kenya at Mombasa (Waki, J.) dated 24 May, 2000 in H.C.CR.A. NO. 215 OF 1999) ******************** O R D E R:
As the applicant has been released from prison this application is dismissed. Made at Mombasa this 14th day of January, 2002. R. O. KWACH ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR