[1999] KECA 34 (KLR)
The court found that since the applicant's appeal was heard and determined in his absence, his constitutional right to a fair and impartial trial was violated. This legitimate grievance justified the extension of time for filing an appeal. The court exercised its discretion to allow the application and granted the...
Source-derived case information.
- Citation
- [1999] KECA 34 (KLR)
- Parties
- Applicant: Moses Shivachi Shikali; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 5 of 1999
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Right to Fair Trial, Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Shivachi Shikali
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant's constitutional right to a fair and impartial trial was violated by hearing and determining the appeal in his absence.
- 2 Whether the applicant is entitled to an extension of time to file an appeal.
Ratio Decidendi
The court found that since the applicant's appeal was heard and determined in his absence, his constitutional right to a fair and impartial trial was violated. This legitimate grievance justified the extension of time for filing an appeal. The court exercised its discretion to allow the application and granted the applicant thirty days from the date of the ruling to file his appeal.
Court Disposition
application allowed
Orders
- Time for filing an appeal is extended by thirty days from the date of this ruling.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 5 OF 1999
BETWEEN
MOSES SHIVACHI SHIKALI ................................. APPLICANT AND REPUBLIC ........................................................ RESPONDENT
(Application for Leave to appeal out time from a judgment of the High Court of Kenya at Kakamega (Mr. Justice Tanui) dated 3rd April, 1998 in H.C.CR.C. NO. 269 OF 1997) ****************** R U L I N G
As the appeal was heard and determined in the absence of the applicant he has a legitimate grievance. His constitutional right a fair and impartial trial was violated. Accordingly, I allow this application and extend the time for filing an appeal by thirty days from today.
Dated and delivered at Kisumu this 18th day of March,1999. R. O. KWACH ------------------ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR