[2002] KECA 65 (KLR)
The application for extension of time to file a notice of appeal is incompetent because the applicant's previous appeal to the Court of Appeal was marked as having abated. Without reinstatement of the abated appeal, there is no valid appeal to extend time for. The only recourse for the applicant is to apply for...
Source-derived case information.
- Citation
- [2002] KECA 65 (KLR)
- Parties
- Applicant: John Otira Taro; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal Out of Time
- Outcome
- application struck out as incompetent
- Legal Topics
- Extension of Time, Appeal Abatement, Reinstatement of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Otira Taro
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file a notice of appeal out of time.
- 2 Whether the application is competent given the status of the previous appeals.
Ratio Decidendi
The application for extension of time to file a notice of appeal is incompetent because the applicant's previous appeal to the Court of Appeal was marked as having abated. Without reinstatement of the abated appeal, there is no valid appeal to extend time for. The only recourse for the applicant is to apply for reinstatement of the abated appeal before seeking any further extension or appeal-related relief.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: GICHERU, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI 37 OF 2001
BETWEEN
JOHN OTIRA TARO ............. APPLICANT
AND
REPUBLIC ................... RESPONDENT
(Application for extension of time to file notice of
appeal out of time in an intended appeal from a
judgment of the High Court of Kenya at Nakuru
(Rimita J) dated 27th April, 1994
in
H.C.CR.A. NO. 111 OF 1993)
********************
O R D E R
I have had a glance at the Applicant's Criminal Appeal No 52 of 1996 and his first Appeal No 111 of 1993 and from what appears to have transpired in both those appeals and the fact that his appeal to this Court was marked as having abated, this application is incompetent and the same is struck out. The only recourse available to the applicant is perhaps to apply for the reinstatement of his Appeal No 52 of 1996.
Dated and delivered at Nakuru this 18th day of February, 2002.
J. E. GICHERU
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR