[2002] KECA 228 (KLR)
The court exercised its discretion to grant the extension of time, finding that the circumstances justified allowing the applicant to file the appeal out of time. The memorandum of appeal already filed was deemed to have been filed within the extended period. The decision was guided by the principle that the right...
Source-derived case information.
- Citation
- [2002] KECA 228 (KLR)
- Parties
- Applicant: Martin Omollo Obonyo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 4 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Omollo Obonyo
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 grant the extension of time, finding that the circumstances justified allowing the applicant to file the appeal out of time. The memorandum of appeal already filed was deemed to have been filed within the extended period. The decision was guided by the principle that the right to appeal should not be unduly hindered where sufficient cause for delay is demonstrated and no prejudice is occasioned to the respondent.
Court Disposition
application granted
Orders
- Application for extension of time to file appeal out of time is granted.
- Memorandum of appeal already filed is deemed to have been filed within time.
Full Case Text
Judgment text and source record
21 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CRIMINAL APPLICATION NO. NAI. 4 OF 2002 (KSM. 1/2002)
BETWEEN
MARTIN OMOLLO OBONYO ..................................APPLICANT
AND
REPUBLIC .........................................................RESPONDENT
(Application for extension of time to file an Appeal out of
time from a Judgment of the High Court of Kenya at Kisumu
(Birech, Commissioner of Assize) dated 23rd March, 2001
in
H.C.CR. A. NO. 162 OF 2000
******************
O R D E R
Application granted. Memo already filed to be deemed to have been filed within time.
Made at Kisumu this 15th day of March, 2002.
A.A. LAKHA...................JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR