[2001] KECA 81 (KLR)
The court found that the applicant, having a right of appeal against conviction and sentence, should not be denied the opportunity to exercise that right due to the late filing of the notice of appeal. The court exercised its discretion to extend the time for filing, thereby validating the notice of appeal lodged...
Source-derived case information.
- Citation
- [2001] KECA 81 (KLR)
- Parties
- Applicant: Mwinyi Abdalla; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 72 of ??
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwinyi Abdalla
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal out of time.
- 2 Whether the notice of appeal filed out of time can be validated by the court.
Ratio Decidendi
The court found that the applicant, having a right of appeal against conviction and sentence, should not be denied the opportunity to exercise that right due to the late filing of the notice of appeal. The court exercised its discretion to extend the time for filing, thereby validating the notice of appeal lodged out of time. The overriding consideration was the applicant's right to appeal and the absence of any prejudice to the respondent.
Court Disposition
application granted
Orders
- The notice of appeal lodged on 5th February, 2001 is deemed to be filed in time as now extended by the court.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE COURT OF APPEAL
AT MOMBASA
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPEAL (APPLICATION) NO. 72 OF 2000
BETWEEN
MWINYI ABDALLA ..................................... APPLICANT
AND
REPUBLIC .......................................... RESPONDENT
(Application for extension of time to appeal out of time in an appeal from a judgment of the High Court of Kenya at Mombasa (Hayanga J & Tutui Comm of Assize) dated 29th November, 2000 in H.C.CR.A. NO. 69 OF 1998) ************** R U L I N G
This is an application for extension of time to lodge a notice of appeal out of time or rather to validate a notice of appeal already filed out of time. The same was lodged on 5th February, 2001 nearly a month out of time. The applicant desires to appeal against the conviction and sentence (capital charge). The superior court dismissed his appeal. He has an undoubted right of appel to this Court. I grant the application in that I order that the notice of appeal lodged on 5th February, 2001 is deemed to be filed in time as now extended by me.
Dated and delivered at Mombasa this 17th day of July, 2001.
A. B. SHAH --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR