[1999] KECA 59 (KLR)
The court found that the applicant's constitutional right to a fair and impartial trial was violated because the appeal was heard and determined in his absence. This constituted sufficient cause to grant the application for extension of time. The court exercised its discretion to allow the applicant to file an...
Source-derived case information.
- Citation
- [1999] KECA 59 (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 the hearing and determination of the appeal in his absence.
- 2 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant's constitutional right to a fair and impartial trial was violated because the appeal was heard and determined in his absence. This constituted sufficient cause to grant the application for extension of time. The court exercised its discretion to allow the applicant to file an appeal out of time, recognizing the fundamental importance of the right to be present and to participate in one's own appeal proceedings.
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
3 paragraphs
IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 5 OF 1999 BETWEEN MOSES SHIVACHI SHIKALI .................................APPLICANTAND REPUBLIC ........................................................RESPONDENT (Application for Leave to appeal out time from a judgment of the High Court of Kenya at Kakamega (Mr. Justice Tanui) d3radt edA pril, 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