[2000] KECA 80 (KLR)
The court exercised its discretion to grant the extension of time for the applicants to file their notice of appeal, holding that even if the respondent had not opposed the application, the circumstances warranted granting the extension. Consequently, the notices of appeal filed by the applicants on 13th July, 1999...
Source-derived case information.
- Citation
- [2000] KECA 80 (KLR)
- Parties
- Appellant: Maurice Onyango; Appellant: Peter Adipo Wanywa; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 3 of 2000
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application for extension of time allowed. Notices of appeal deemed filed in time.
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Onyango
Appellant
Peter Adipo Wanywa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicants should be granted an extension of time to lodge their notice of appeal against conviction.
- 2 Whether the notices of appeal filed on 13th July, 1999 should be deemed as filed in time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for the applicants to file their notice of appeal, holding that even if the respondent had not opposed the application, the circumstances warranted granting the extension. Consequently, the notices of appeal filed by the applicants on 13th July, 1999 were deemed to have been filed in time in accordance with rule 66 of the Court of Appeal Rules.
Court Disposition
Application for extension of time allowed. Notices of appeal deemed filed in time.
Orders
- The notices of appeal filed by the applicants on 13th July, 1999 are deemed to have been filed in time.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMUCORAM: AKIWUMI, J.A. (IN CHAMBERS) CRIMINAL APPEAL APPLICATION NO. 3 OF 2000
BETWEEN
MAURICE ONYANGO ............................................1STAPPELLANTPETER ADIPO WANYWA .....................................2NDAPPELLANTANDREPUBLIC ...................................................................RESPONDENT(Appeal from the Judgment of the High Court of Kenya at Kisumu (Hon. Mr. Justice Wambilyangah) dated 18th June, 1999 in H.C.CR. APPEAL NO. 210 & 211 OF 1998) ******************R U L I N G
Even if Mr. Gacivih had not opposed the present application for extension of time for the applicants to lodge their notice of appeal against their conviction, I would, in the particular circumstances of the matter, have done so which I hereby do. In the result, the notices of appeal filed by the applicants according to rule 66 of our Rules on 13th July, 1999 are hereby deemed to have been filed in time.Dated and delivered at Kisumu this 21st day of November, 2000 .
A. M. AKIWUMI........................JUDGE OF APPEALI certify that this is atrue copy of the original.DEPUTY REGISTRAR