[1997] KECA 149 (KLR)
The court found that the applicant's delay in filing the notice of appeal was excusable because the decision of the superior court was not communicated to him in time. Upon learning of the summary rejection, the applicant acted promptly by filing the notice, albeit late. The subsequent appeal was struck out for...
Source-derived case information.
- Citation
- [1997] KECA 149 (KLR)
- Parties
- Applicant: Kulalia Ngatia; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 17 of 1997
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- Application allowed. Time to file notice of appeal extended by 14 days.
- Legal Topics
- Extension of Time, Notice of Appeal, Summary Rejection, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kulalia Ngatia
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file a fresh notice of appeal.
- 2 Whether the delay in filing the notice of appeal was excusable.
Ratio Decidendi
The court found that the applicant's delay in filing the notice of appeal was excusable because the decision of the superior court was not communicated to him in time. Upon learning of the summary rejection, the applicant acted promptly by filing the notice, albeit late. The subsequent appeal was struck out for being incompetent due to the late notice. The court held that this was a proper case for the exercise of its discretion to extend time, as the applicant had demonstrated sufficient cause for the delay and had not been indolent. The interests of justice required that the applicant be given an opportunity to pursue his appeal.
Court Disposition
Application allowed. Time to file notice of appeal extended by 14 days.
Orders
- Time within which to file a notice of appeal is extended by 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
CORAM: BOSIRE, AG. J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI 17 OF 1997
BETWEENKULALIA NGATIA ........................................ APPLICANTANDREPUBLIC .............................................. RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Eldoret
(Nambuye J) dated 14th February, 1995
in
H.C.CR.A. NO. 275 OF 1994)
*******************
R U L I N G
The applicant's application for extension of time within which to file a fresh notice of appeal has merit. The applicant's appeal to the superior court was summarily rejected. However, that decision was not communicated to the applicant on time. He filed a notice of appeal, although late, as soon as he was made aware of the summary rejection of his appeal. The appeal he later filed was struck out for being incompetent. Clearly this is a proper case for extension of time. I accordingly extend the time within which to file a notice of appeal by 14 days. It is so ordered.
Dated and delivered at Nakuru this 25th day of September, 1997.
S. E. O. BOSIRE-------------------
AG. JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR