[1999] KECA 167 (KLR)
The Court of Appeal lacks jurisdiction to grant an amendment to a notice of appeal because such a notice is a primary document in appellate proceedings. The established principle is that if a notice of appeal is defective, the proper course is to file a fresh notice rather than seek to amend the existing one. The...
Source-derived case information.
- Citation
- [1999] KECA 167 (KLR)
- Parties
- Applicant: Julius Lawrence Warui; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 16 of 1999
- Procedural Posture
- Criminal Application / Application to Amend Notice of Appeal
- Outcome
- application dismissed
- Legal Topics
- Notice of Appeal, Amendment of Documents, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Lawrence Warui
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application to Amend Notice of Appeal
Legal Issues
- 1 Whether the Court of Appeal has the power to allow amendment of a notice of appeal.
- 2 Whether a defective notice of appeal can be amended or must be filed afresh.
Ratio Decidendi
The Court of Appeal lacks jurisdiction to grant an amendment to a notice of appeal because such a notice is a primary document in appellate proceedings. The established principle is that if a notice of appeal is defective, the proper course is to file a fresh notice rather than seek to amend the existing one. The application to amend the notice of appeal is therefore dismissed for want of jurisdiction and in accordance with binding precedent.
Court Disposition
application dismissed
Orders
- The application to amend the notice of appeal is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI 16 OF 1999 BETWEEN
JULIUS LAWRENCE WARUI ............................. APPLICANT AND REPUBLIC .......................................... RESPONDENT
(Application to amend the notice of appeal from a judgment of the High Court of Kenya at Nairobi (Oguk J) dated 17th June, 1996 in H.C.CR.A. NO. 71 OF 1992) ****************** R U L I N G
I have no power to grant the order sought by Mr Nyamu. This Court has held that a notice of appeal is a primary document and cannot be amended. If it is defective an applicant has to start afresh. That being so, I refuse this application and order that it be and is hereby dismissed.
Dated and delivered at Nairobi this 1st day of November, 1999.
R.S.C. OMOL
---------------JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR