[2001] KECA 95 (KLR)
The court found that the applicant had provided a satisfactory explanation for the delay, namely that the Notice of Appeal was initially filed within time but in the wrong registry. The judge exercised judicial discretion in favour of the applicant, holding that the reason for delay was persuasive and justified the...
Source-derived case information.
- Citation
- [2001] KECA 95 (KLR)
- Parties
- Appellant: Jared Ouma Okango; Appellant: John Onyango Awitch; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 179 of 2000
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application allowed. Time for lodging Notice of Appeal extended.
- Legal Topics
- Extension of Time, Notice of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Ouma Okango
Appellant
John Onyango Awitch
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the court should exercise its discretion to extend time for lodging a Notice of Appeal after the prescribed period has lapsed.
- 2 Whether filing the Notice of Appeal in the wrong registry constitutes sufficient reason for delay.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the delay, namely that the Notice of Appeal was initially filed within time but in the wrong registry. The judge exercised judicial discretion in favour of the applicant, holding that the reason for delay was persuasive and justified the extension of time. The court extended the period for lodging the Notice of Appeal to include the date when the applicant actually lodged the notice, thereby regularizing the procedural defect and allowing the intended appeal to proceed.
Court Disposition
Application allowed. Time for lodging Notice of Appeal extended.
Orders
- Time within which to lodge a Notice of Appeal is extended to include the date when the applicant lodged his notice.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAKURU (CORAM: BOSIRE, J.A. (IN CHAMBERS)) CRIMINAL APPEAL (APPLICATION) NO. 179 OF 2000 BETWEEN JARED OUMA OKANGO ................................... 1ST APPELLANT
JOHN ONYANGO AWITCH ................................. 2ND APPELLANT
AND REPUBLIC ............................................ RESPONDENT (Application for extension of time to lodge Notice of Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Kericho (Justice D.M. Rimita) dated 24th July, 2000 in H.C.CR.A. NOS. 13 & 14 OF 1999) ******************** R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for an extension of time within which to lodge a Notice of Appeal. Mr. Odhiambo for the applicant says that initially the Notice of Appeal was filed timeously but in the wrong High Court Registry, and by the time it was filed at the correct Registry the 14 days prescribed under rule 58 of the aforesaid Rules had already expired. I have unfettered discretion to extend time but such discretion has to be exercised on the basis of law and evidence. The reason given for the delay in lodging the Notice persuades me to exercise my judicial discretion in favour of the applicant. I accordingly extend the time within which to lodge a Notice of Appeal for such period as to include the date when the applicant lodged his notice.
Dated and delivered at Nakuru this 19th day of February, 2001. S.E.O. BOSIRE ............... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR