[2002] KECA 70 (KLR)
The court exercised its discretion to grant the applicant leave to file the appeal out of time, finding that the circumstances justified the extension. The applicant was therefore permitted to file and serve the appeal within 14 days from the date of the ruling.
Source-derived case information.
- Citation
- [2002] KECA 70 (KLR)
- Parties
- Applicant: James Wanjohi Kinyua; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 43 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- 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 Wanjohi Kinyua
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to file the appeal out of time, finding that the circumstances justified the extension. The applicant was therefore permitted to file and serve the appeal within 14 days from the date of the ruling.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted leave to file his proposed appeal out of time.
- The appeal must be filed and served on the respondent within 14 days of today.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: KEIWUA, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 43 OF 2002
BETWEEN
JAMES WANJOHI KINYUA………………………………………APPLICANT
AND
REPUBLIC……………………………………………………….RESPONDENT
(Application for extension of time to appeal out of time from
the Judgment of the High Court of Kenya at Nyeri (Juma, J)
dated 8th November, 2001
in
H.C.CR.C. NO. 16 OF 1999)
******************
R U L I N G
The applicant is granted leave to file his proposed appeal out of time. The appeal must be filed and served on the respondent within 14 days of today.
Dated and delivered at Nyeri this 28 th day of October, 2002.
M. Ole KEIWUA ………………… JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR