[2002] KECA 270 (KLR)
The court found that since the respondent did not oppose the application and considering the seriousness of the conviction (capital offence), it was just to grant the extension of time to file and serve the notice of appeal and record of appeal. The court also granted leave to file a supplementary memorandum of...
Source-derived case information.
- Citation
- [2002] KECA 270 (KLR)
- Parties
- Applicant: Peter Kamenya Kamau; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 128 of 2001
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Notice and Record of Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Appeal Procedure, Robbery With Violence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamenya Kamau
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Notice and Record of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file and serve the notice of appeal and record of appeal out of time.
- 2 Whether leave should be granted to file a supplementary memorandum of appeal.
Ratio Decidendi
The court found that since the respondent did not oppose the application and considering the seriousness of the conviction (capital offence), it was just to grant the extension of time to file and serve the notice of appeal and record of appeal. The court also granted leave to file a supplementary memorandum of appeal, noting that the preparation of the record of appeal is the Registrar's responsibility under rule 61 of the Court of Appeal Rules.
Court Disposition
Application allowed.
Orders
- Extension of time granted to file and serve notice of appeal and record of appeal to include 16th November, 1998.
- Leave granted to file a supplementary memorandum of appeal.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: BOSIRE J.A (IN CHAMBERS)
CRIMINAL APPEAL(APPLICATION) NO.128 OF 2001
BETWEEN
PETER KAMENYA KAMAU...................................APPLICANT
AND
REPUBLIC..........................................................RESPONDENT
(Being an application for extension of time to file and
serve Notice of Appeal and Record of Appeal out of
time in an intended appeal from a conviction and
sentence of the High Court of Kenya at Nairobi
(Osiemo & Ondeyo, JJ) dated 23rd July 1998
in
H.C.CR.A. NO.684 OF 1996
*******************
R U L I N G
The applicant's second appeal against his conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code, was, on 28th November 2001, found to have been filed out of time. In the present application he seeks an extension of time to regularize the defect. Mr Bw'Onwonga, Assistant Deputy Public Prosecutor does not oppose the application. That being so and in view of the fact that the applicant stands convicted of a capital charge, I am inclined to grant the extension prayed for and extend the time for such period as will include 16th November, 1998, when the applicant lodged his notice of appeal.
The applicant also prays that he be allowed an extension of time within which to prepare a record of appeal. By reason of the provisions of rule 61 of the Court of Appeal Rules it is the prerogative of the Registrar to prepare a record of appeal; consequently the issue does not arise here.
Mr P.N. Mugo for the applicant prays for leave to file a supplementary memorandum of appeal. I grant leave as prayed.
Dated and delivered this 22nd day of January 2002.
S.E.O. BOSIRE
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR