[2002] KEHC 340 (KLR)

[2002] KEHC 340 (KLR)

The court exercised its discretion to grant the applicant 21 days to file and serve the appeal from the date of the order, recognizing the applicant's right to appeal and the necessity of providing certified proceedings and judgment to facilitate the appeal process. The absence of opposition from the respondent and...

Source-derived case information.

Citation
[2002] KEHC 340 (KLR)
Parties
Appellant: Jumamosi Kanene; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 39 of 2003
Procedural Posture
Criminal Application / Order on Application for Leave to Appeal
Outcome
Application allowed. Time to file and serve appeal extended by 21 days. Certified proceedings and judgment to be supplied to appellant.
Legal Topics
Criminal Appeal Procedure, Leave to Appeal, Filing Timelines
Source Language
en
Criminal Law Criminal Appeal Procedure Leave to Appeal Filing Timelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jumamosi Kanene

Appellant

Republic

Respondent

Procedural Posture

Criminal Application / Order on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted time to file and serve an appeal out of time.
  2. 2 Whether the appellant should be supplied with certified proceedings and judgment for the purpose of appeal.

Ratio Decidendi

The court exercised its discretion to grant the applicant 21 days to file and serve the appeal from the date of the order, recognizing the applicant's right to appeal and the necessity of providing certified proceedings and judgment to facilitate the appeal process. The absence of opposition from the respondent and the interests of justice warranted the grant of the orders sought.

Court Disposition

Application allowed. Time to file and serve appeal extended by 21 days. Certified proceedings and judgment to be supplied to appellant.

Orders

  • The applicant is given 21 days to file and serve the appeal from the date hereof.
  • The Deputy Registrar is directed to supply the appellant with certified proceedings and judgment of the trial court.