[2002] KECA 251 (KLR)
The court exercised its discretion to grant the application for extension of time to file the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal already filed was deemed to have been filed within time. The absence of opposition and the interests of justice warranted the...
Source-derived case information.
- Citation
- [2002] KECA 251 (KLR)
- Parties
- Applicant: Isaac Kimani Maina; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 23 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Kimani Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the application for extension of time to file the notice of appeal, noting that the respondent did not oppose the application. The notice of appeal already filed was deemed to have been filed within time. The absence of opposition and the interests of justice warranted the grant of the extension sought.
Court Disposition
Application for extension of time granted.
Orders
- The application for extension of time is granted.
- The notice of appeal filed is deemed to have been filed within time.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAKURU(CORAM: O'KUBASU, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 23 OF 2002 (NAK. 10/02) BETWEEN ISAAC KIMANI MAINA ...................................APPLICANT AND REPUBLIC ............................................RESPONDENT
(Application for extension of time to file Notice of appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Nakuru (Mr. Justice Visram) dated 11th April, 2002 in H.C CR. APPEAL NO. 148 OF 2002) ****************** O R D E R
This is an application for extension of time in which to file a Notice of appeal. The notice was filed out of time. Mr. Onderi did not oppose the application. Hence the application is granted and the notice filed is deemed to have been filed within time.
Dated at Nakuru this 17th day of September, 2002. E. O. O'KUBASU ...............
JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR