[2001] KECA 10 (KLR)
The court exercised its discretion to grant the extension of time for filing a notice of appeal, primarily because the respondent did not oppose the application. The absence of opposition indicated no prejudice to the respondent, and the court found no reason to deny the applicant the opportunity to pursue her...
Source-derived case information.
- Citation
- [2001] KECA 10 (KLR)
- Parties
- Appellant: Jane Wangui Wanyonyi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 186 of 2000
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Criminal Appeals, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wangui Wanyonyi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File 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 extension of time for filing a notice of appeal, primarily because the respondent did not oppose the application. The absence of opposition indicated no prejudice to the respondent, and the court found no reason to deny the applicant the opportunity to pursue her appeal. The extension was granted to cover the period up to and including 28th July 2000, when the notice of appeal was lodged.
Court Disposition
Application for extension of time granted.
Orders
- Time for filing a notice of appeal is extended to include 28th July 2000 when the applicant lodged her notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CRIMINAL APPEAL (APPLI) NO. 186 OF 2000
JANE WANGUI WANYONYI ................................................ APPELLANT
AND
REPUBLIC ........................................................................... RESPONDENT
(Application for extension of time to file an appeal out of time from the judgment of the High Court of Kenya at Nairobi (Justices Erastus Githinji and Joyce Aluoch) dated the 26th day of March 1998
in
H.C.CR.A. NO. 591 of 1997)
******************
R U L I N G
As Mr Okumu, Senior Principal State counsel does not oppose the present motion for an order extending the time within which to file a notice of appeal, I am minded to grant the extension sought. Accordingly time for filing a notice of appeal is extended for such period as to include 28th July 2000 when the applicant lodged her notice of appeal. It is so ordered.
Dated and delivered this 10th day of July, 2001.
S.E.O. BOSIRE
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR