[2001] KECA 60 (KLR)
The court exercised its discretion to allow the application for extension of time, deeming the applicant's appeal as properly filed within the time allowed by the court's rules. The decision was based on the understanding that the applicant's appeal was ready for hearing and no prejudice would be occasioned to the...
Source-derived case information.
- Citation
- [2001] KECA 60 (KLR)
- Parties
- Applicant: John Maina Kahehu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Kahehu
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 allow the application for extension of time, deeming the applicant's appeal as properly filed within the time allowed by the court's rules. The decision was based on the understanding that the applicant's appeal was ready for hearing and no prejudice would be occasioned to the respondent.
Court Disposition
Application allowed.
Orders
- The applicant's appeal is deemed as having been filed within the time allowed by the court's Rules.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NYERI (CORAM: OMOLO, JA (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI.22 OF 2001(NYR. 3/2001) BETWEEN JOHN MAINA KAHEHU ......................................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 (Justice J.V.O. Juma) dated 27th December, 1999 H.C.CR.APPEAL. NO.141 OF 1999) ******************* RULING
The application is allowed. The applicant's appeal, which I understand is coming for hearing this morning is to be deemed as having been filed within the time allowed by the court's Rules. Dated and delivered at Nyeri this 23rd day of October, 2001. R.S.C. OMOLO ................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR