[2002] KECA 29 (KLR)
The court exercised its discretion to allow the application for extension of time to file the notice of appeal, primarily because the respondent did not oppose the application. The notice of appeal already lodged was deemed to have been properly filed within time. The absence of opposition and the court's inherent...
Source-derived case information.
- Citation
- [2002] KECA 29 (KLR)
- Parties
- Applicant: Isaac Kimani Maina; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 21 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application for extension of time allowed.
- 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 Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the application for extension of time to file the notice of appeal, primarily because the respondent did not oppose the application. The notice of appeal already lodged was deemed to have been properly filed within time. The absence of opposition and the court's inherent power to extend time under the relevant rules were decisive.
Court Disposition
Application for extension of time allowed.
Orders
- The application for extension of time to file the notice of appeal is allowed.
- The notice of appeal already lodged is deemed to have been properly lodged within time.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(CORAM: O'KUBASU, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 21 OF 2002 (NAK. 9/02)
BETWEENISAAC KIMANI MAINA ..................................APPLICANTANDREPUBLIC ............................................RESPONDENT(Application for extension of time to lodge 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, 2002inH.C. CR. APPEAL NO. 147 OF 2000)*****************O R D E R
As Mr. Onderi for the respondent does not oppose this application for extension of time in which to file Notice of appeal, the same is allowed. The Notice already lodged is deemed to have been properly lodged 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