[2024] KECA 1772 (KLR)
The court allowed the withdrawal of the applicant's second application for extension of time to appeal, as the respondent did not object and the matter had already been determined in the applicant's favour in a previous application. The court exercised its discretion under Rule 54 of the Court of Appeal Rules to...
Source-derived case information.
- Citation
- [2024] KECA 1772 (KLR)
- Parties
- Applicant: Ibrahim Wahome Ndiritu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E189 of 2024
- Procedural Posture
- Criminal Application / Application for Withdrawal of Extension of Time Application
- Outcome
- Application for withdrawal allowed; application for extension of time marked as withdrawn with no order as to costs.
- Judges
- MA Warsame
- Legal Topics
- Extension of Time, Appeal Procedure, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Wahome Ndiritu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Withdrawal of Extension of Time Application
Legal Issues
- 1 Whether the applicant should be allowed to withdraw the second application for extension of time to appeal.
- 2 Whether there is any objection from the respondent to the withdrawal.
Ratio Decidendi
The court allowed the withdrawal of the applicant's second application for extension of time to appeal, as the respondent did not object and the matter had already been determined in the applicant's favour in a previous application. The court exercised its discretion under Rule 54 of the Court of Appeal Rules to permit the withdrawal, ensuring no prejudice to the respondent and no orders as to costs.
Court Disposition
Application for withdrawal allowed; application for extension of time marked as withdrawn with no order as to costs.
Orders
- The application to withdraw the second application for extension of time is allowed.
- The applicant's application for extension of time is marked as withdrawn.
Full Case Text
Judgment text and source record
19 paragraphs
Ndiritu v Republic (Criminal Application E189 of 2024) [2024] KECA 1772 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KECA 1772 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E189 of 2024
MA Warsame, JA
December 4, 2024
Between
Ibrahim Wahome Ndiritu
Applicant
and
Republic
Respondent
(An application to for extension of time to file an appeal against the judgment of the High Court (C.M. Kariuki, J.) delivered on 7th March 2024 in HCCRA NO. 006 OF 2020)
Ruling
1. The applicant has filed two duplicitous applications seeking leave to file an appeal against his conviction and sentence in HCCRA No. 006 of 2020.
2. It seems that the first application, was determined by this court in the applicant’s favour on 20th June 2024 and now the applicant wishes to withdraw the second undated application for extension of time which is before me, and has filed an application to withdraw the said application under Rule 54 of this Court’s Rules.
3. Given that the respondent has not raised any objection to the withdrawal, the application to withdraw is allowed. The applicant’s application for extension of time is marked as withdrawn with no orders to cost.
DATED AND DELIVERED AT NAKURU THIS 4TH DAY OF DECEMBER, 2024. M. WARSAME………………………….JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR