[2002] KECA 64 (KLR)
The court exercised its discretion in favour of the applicant, finding that leave should be granted to file the notice and record of appeal out of time. The judge considered that the applicant had shown sufficient cause for the delay and that it was in the interest of justice to allow the intended appeal to proceed....
Source-derived case information.
- Citation
- [2002] KECA 64 (KLR)
- Parties
- Applicant: Milton Ndung'u Wambui; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice and Record of Appeal
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals Process, Summary Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milton Ndung'u Wambui
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to lodge a notice of appeal and record of appeal out of time.
- 2 Whether there are sufficient grounds to allow the applicant to appeal against the summary dismissal of his appeal.
Ratio Decidendi
The court exercised its discretion in favour of the applicant, finding that leave should be granted to file the notice and record of appeal out of time. The judge considered that the applicant had shown sufficient cause for the delay and that it was in the interest of justice to allow the intended appeal to proceed. The order was made to ensure that the applicant is not unjustly deprived of the right to appeal against the summary dismissal of his case by the High Court.
Court Disposition
application allowed
Orders
- Leave granted to the applicant to file notice of appeal and record of appeal within 30 days from the date of this order.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: KWACH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 50 OF 2002
BETWEEN
MILTON NDUNG'U WAMBUI ........... APPLICANT
AND
REPUBLIC ............................... RESPONDENT
(Application for extension of time to lodge a notice of
appeal and record of appeal out of time in an
intended appeal from a judgment of the High Court of
Kenya at Nakuru (Visram, J.) dated 21st May, 2002
in
H.C.CR.A. NO. 89 OF 2002)
*******************
O R D E R
Leave granted to the applicant against summary dismissal of his appeal within 30 days from today.
Made at Nakuru this 27th day of September, 2002.
R. O. KWACH
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR