[2001] KECA 56 (KLR)
Despite the inordinate delay of seven years, the court found that the applicant, having been sentenced to death, should not be denied the opportunity to pursue his intended appeal. The seriousness and finality of the death sentence weighed heavily in favour of granting the extension. The court exercised its...
Source-derived case information.
- Citation
- [2001] KECA 56 (KLR)
- Parties
- Applicant: Musa Bwana Musa; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 76 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application allowed; extension of time granted for filing appeal.
- Judges
- Office of the Registrar Tribunals
- Legal Topics
- Appeal Out of Time, Death Sentence, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Bwana Musa
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time despite a delay of seven years.
- 2 Whether the seriousness of the sentence (death penalty) justifies granting the extension.
Ratio Decidendi
Despite the inordinate delay of seven years, the court found that the applicant, having been sentenced to death, should not be denied the opportunity to pursue his intended appeal. The seriousness and finality of the death sentence weighed heavily in favour of granting the extension. The court exercised its discretion to allow the application, holding that justice required the applicant be given a chance to agitate his appeal, and that any previously filed notice of appeal would be deemed valid.
Court Disposition
Application allowed; extension of time granted for filing appeal.
Orders
- The applicant must file his notice of appeal, if not already filed, within seven days of the date hereof. If any notice of appeal was previously filed, it is deemed validly filed and validly existing.
- The record of appeal and the memorandum of appeal must be filed within twenty-one days from the date hereof.
Full Case Text
Judgment text and source record
14 paragraphs
REPULIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: OMOLO, J.A. (IN CHAMBERS)
CRIMINAL APPEAL(APPLICATION) NO. 76 OF 2001
BETWEEN
MUSA BWANA MUSA ...................................... APPLICANT AND REPUBLIC ............................................. RESPONDENT
R U L I N G
I agree with Mrs Mwangi that a delay of some seven years is very long indeed but in view of the fact that the applicant was sentenced to death, which sentence has not been carried out, I do not think it would be right for me to refuse him the chance to agitate his intended appeal to this Court. I allow the notice of motion lodged in court in February, 2000 and make the following orders:-
1. The applicant must file his notice of appeal if not already filed, within seven days of the date hereof. If any notice of appeal was previously filed, the same is hereby deemed to have been validly filed and is validly existing.
2. The record of appeal and the memorandum of appeal must be filed within twenty-one days from the date hereof. Those are my orders:-
Dated and delivered at Mombasa this 19th day of July, 2001. R. S. C. OMOLO .......................
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR