[2001] KECA 31 (KLR)
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the application was unopposed and there was no valid reason to refuse it. The notice of appeal filed on 30th March, 2001, was deemed to have been validly filed within the extended time period.
Source-derived case information.
- Citation
- [2001] KECA 31 (KLR)
- Parties
- Applicant: Patrick Kariuki Mwakanau; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 53 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Kariuki Mwakanau
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to Lodge Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to lodge a notice of appeal.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the application was unopposed and there was no valid reason to refuse it. The notice of appeal filed on 30th March, 2001, was deemed to have been validly filed within the extended time period.
Court Disposition
Application allowed.
Orders
- Time for lodging the notice of appeal is extended to 30th March, 2001.
- The notice of appeal filed on 30th March, 2001 is deemed validly filed within time.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, J.A. (IN CHAMBERS)
CRIMINAL APPEAL (APPLICATION) NO. 53 OF 2001
BETWEEN
PATRICK KARIUKI MWAKANU ....................... APPLICANT
AND
REPUBLIC ...................................................... RESPONDENT
(Application for extension of time to lodge a notice of appeal from the order of the High Court of Kenya at Nairobi (Patel J) dated 9th February, 2001
in
H.C.CR.A. NO. 1473 OF 2000)
R U L I N G
As the motion herein is not opposed and I can see no valid reason for not granting it I allow it and order that the time for lodging the notice of appeal be and is hereby extended to the 30th March, 2001, with the result that the notice filed on that day is deemed to have been validly filed within time.
Dated and delivered at Nairobi this 14th day of November, 2001.
R. S. C. OMOLO ------------------------ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR