[2001] KECA 318 (KLR)
The court found that the applicant had provided a satisfactory explanation for the delay in filing the notice of appeal. Since the respondent did not object to the application, and the applicant has an undoubted right of appeal, the court exercised its discretion to grant the extension. The notice of appeal lodged...
Source-derived case information.
- Citation
- [2001] KECA 318 (KLR)
- Parties
- Applicant: Mwangi Kamau; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 16 of ??
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- application granted
- Legal Topics
- Extension of Time, Right of Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the delay in filing the notice of appeal. Since the respondent did not object to the application, and the applicant has an undoubted right of appeal, the court exercised its discretion to grant the extension. The notice of appeal lodged on 18th December, 2000 was deemed to have been filed in time, and the registry was directed to prepare the record of appeal expeditiously.
Court Disposition
application granted
Orders
- The notice of appeal lodged in the superior court on 18th December, 2000 is deemed to be filed in time.
- The Registry is directed to prepare the record of appeal expeditiously.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: SHAH, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 16 OF 2000 (NYR 15/2000) BETWEEN
MWANGI KAMAU ..........................................APPLICANT AND REPUBLIC ..............................................RESPONDENT(Application for extension of time to file an appeal out
of time from a Judgment of the High Court of Kenya
at Nyeri (Mr. Justice Juma) dated 2nd March, 1999
in
H.C. CR. APPEAL NO. 258 OF 1998)
******************
R U L I N G
The applicant wishes to exercise his undoubted right of appeal to this Court. He has explained why he was unable to lodge his Notice of appeal in time. The (respondent) that is the State is not objecting. I grant the application and order that the Notice of appeal lodged in the superior court on 18th December, 2000 be deemed to be filed in time. The Registry is directed to prepare the record of appeal expeditiously.
Dated and delivered at Nyeri this 18th day of May, 2001.
A.B. SHAH ...............JUDGE OF APPEALI
certify that this is a true copy of the original. DEPUTY REGISTRAR