[2000] KECA 208 (KLR)
The court exercised its unfettered discretion under rule 4 of the Court of Appeal Rules, noting that the respondent did not oppose the application. The judge found it appropriate to grant the extension, thereby validating the notice of appeal lodged out of time on 2nd February, 2000. The decision was based on the...
Source-derived case information.
- Citation
- [2000] KECA 208 (KLR)
- Parties
- Applicant: Masumbuko Kilonzo Muthami; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 54 of ??
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Appeal Lodgment, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masumbuko Kilonzo Muthami
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge his appeal out of time.
Ratio Decidendi
The court exercised its unfettered discretion under rule 4 of the Court of Appeal Rules, noting that the respondent did not oppose the application. The judge found it appropriate to grant the extension, thereby validating the notice of appeal lodged out of time on 2nd February, 2000. The decision was based on the absence of opposition and the court's broad discretion to extend time in the interests of justice.
Court Disposition
Application for extension of time granted.
Orders
- Time for lodging the appeal is extended to include 2nd February, 2000, when the applicant lodged his notice of appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: BOSIRE, J.A. (IN CHAMBERS)
CRIMINAL APPEAL(APPLICATION) NO. 54 OF 2000
BETWEEN
MASUMBUKO KILONZO MUTHAMI ..........................APPLICANT
AND REPUBLIC ..........................................RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Mombasa (Commissioner K. Shah) dated 21st September,
1999
in
H.C.CR.A. NO. 281 OF 1998) ********************* R U L I N G
Miss. Kwena for the respondent does not oppose this application brought under rule 4 of the Court of Appeal Rules, for an extension of the time within which to lodge his appeal.
In the circumstances I exercise my unfettered judicial discretion under the aforesaid rule and extend the time for such period as to include 2nd February, 2000, when the applicant lodged his notice of appeal, but out of time.
Dated and delivered this 17th day of July, 2000.
S. E. O. BOSIRE ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR