[2002] KECA 66 (KLR)
The court found that the applicant, having pleaded guilty to the offence of escaping from lawful custody and having been lawfully convicted and sentenced to a term well within the statutory maximum, failed to demonstrate sufficient cause to warrant the exercise of the court's discretion to extend time for lodging a...
Source-derived case information.
- Citation
- [2002] KECA 66 (KLR)
- Parties
- Applicant: Jacob Gacheru Githinji; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 32 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- application dismissed; reference to full court granted
- Legal Topics
- Extension of Time, Notice of Appeal, Escape From Lawful Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Gacheru Githinji
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.
- 2 Whether there are sufficient grounds to justify the exercise of the court's discretion in favour of the applicant.
Ratio Decidendi
The court found that the applicant, having pleaded guilty to the offence of escaping from lawful custody and having been lawfully convicted and sentenced to a term well within the statutory maximum, failed to demonstrate sufficient cause to warrant the exercise of the court's discretion to extend time for lodging a notice of appeal. The court considered the merits of the intended appeal and concluded that the applicant was pursuing a futile cause, describing it as 'chasing a mirage.' Accordingly, the application for extension of time was dismissed.
Court Disposition
application dismissed; reference to full court granted
Orders
- The application for extension of time to lodge a notice of appeal out of time is dismissed.
- There shall be a reference to the full court as requested by the applicant.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE COURT OF APPEALAT NAKURUCORAM: SHAH, J.A. (IN CHAMBERS)CRIMINAL APPLICATION NO. NAI. 32 OF 2002 (NAK 15/02)JACOB GACHERU GITHINJI ............ APPLICANTANDREPUBLIC ................................. RESPONDENT
(An application for extension of time to lodge a Notice of Appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Nakuru (Visram, J) dated 21st May, 2002 in H.C.CR.A. NO. 90 OF 2002) *********************R U L I N G
The applicant was convicted of the offence of escaping from lawful custody contrary to section 123 of the Penal Code. He pleaded guilty to the charge. He was convicted and sentenced to a three year prison term. The maximum punishment for the offence is 7 years imprisonment. My view is that the applicant is chasing a mirage. I do not consider it fit to grant this application. This application is dismissed.
Dated and delivered at Nakuru this 26th day of September, 2002. A. B. SHAH...............JUDGE OF APPEAL O R D E R The applicant seeks reference to full court. It is so ordered. Let there be a reference to full court. Made and delivered at Nakuru this 26th day of September, 2002. A. B. SHAH...............JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR