[2001] KECA 186 (KLR)
The court exercised its discretion to allow the application for extension of time, noting that the application was unopposed and that the applicant, a convicted prisoner, sought to pursue his right of appeal. The court found no reason to deny the extension and granted specific timelines for filing the notice and...
Source-derived case information.
- Citation
- [2001] KECA 186 (KLR)
- Parties
- Applicant: Moses Wanyonyi Wafula; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Wanyonyi Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the application for extension of time, noting that the application was unopposed and that the applicant, a convicted prisoner, sought to pursue his right of appeal. The court found no reason to deny the extension and granted specific timelines for filing the notice and memorandum of appeal.
Court Disposition
Application allowed.
Orders
- The applicant shall file his notice of appeal within seven days of the date hereof.
- The applicant shall lodge his memorandum of appeal within fourteen days from the date of lodging the notice of appeal.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CORAM: OMOLO, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 1 OF 2001 BETWEEN
MOSES WANYONYI WAFULA ..................................APPLICANT AND REPUBLIC ...............................................RESPONDENT
(An application for extension of time to lodge a Notice of Appeal out of time in an intended appeal from a Judgmoefn t t he High Court of Kenya at Nakuru (Hon. Mr. Justice Rimita) dated 22nd September, 2000 in H.C.CR.C. NO. 8 OF 1999) ************** R U L I N G
This is an application by a convicted prisoner to appeal out of time. It is not opposed. I allow the same and order as follows:-
1. The applicant shall file his notice of appeal within seven days of the date hereof.
2. The applicant shall then lodge his memorandum of appeal within fourteen days from the date of lodging the notice of appeal.
It is so ordered.
Dated and delivered at Nakuru this 19th day of February, 2001.
R. S. C. OMOLO ........................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR