[2000] KECA 237 (KLR)
The court exercised its discretion to grant the application for extension of time, finding that the circumstances justified allowing the applicant to file the appeal out of time. The notice of appeal already on record was deemed to have been filed within the prescribed period, ensuring that the applicant's right of...
Source-derived case information.
- Citation
- [2000] KECA 237 (KLR)
- Parties
- Applicant: James Kabacha Wambugu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 4 of ??
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kabacha Wambugu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the application for extension of time, finding that the circumstances justified allowing the applicant to file the appeal out of time. The notice of appeal already on record was deemed to have been filed within the prescribed period, ensuring that the applicant's right of appeal was preserved despite the delay.
Court Disposition
application granted
Orders
- The appeal may be lodged out of time and within 30 days hereof.
- The notice of appeal in the record shall be deemed to have been filed within the prescribed period.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NYERI CORAM: TUNOI, J.A.(IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 4 OF 2000 (NYR.1/2000) BETWEEN JAMES KABACHA WAMBUGU ..................................APPLICANT AND REPUBLIC ...............................................RESPONDENT (Application for extension of time to file an appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nyeri (Juma and Mulwa,JJ) dated 21st October, 1999 in H.C.CR. NO.347 OF 1998) ****************** R U L I N G
This application is granted. The appeal may be lodged out of time and within 30 days hereof. The notice of appeal in the record shall be deemed to have been filed within the prescribed period. Dated and delivered at Nyeri this 16th day of May, 2000. P. K. TUNOI -------------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR