[2001] KECA 172 (KLR)
The court found that the applicant was not candid with the court, as he provided inconsistent explanations for the delay in filing the notice of appeal. The applicant's lack of candour and failure to provide a satisfactory and credible reason for the delay led the court to decline the exercise of its discretion to...
Source-derived case information.
- Citation
- [2001] KECA 172 (KLR)
- Parties
- Applicant: Philiph Kipkosgei Ruto; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philiph Kipkosgei Ruto
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice of appeal out of time.
Ratio Decidendi
The court found that the applicant was not candid with the court, as he provided inconsistent explanations for the delay in filing the notice of appeal. The applicant's lack of candour and failure to provide a satisfactory and credible reason for the delay led the court to decline the exercise of its discretion to extend time. Consequently, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time to file notice of appeal out of time is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (CORAM: OWUOR, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 9 OF 2001 BETWEEN
PHILIPH KIPKOSGEI RUTO ...............................APPLICANT AND REPUBLIC .............................................RESPONDENT
(Application for extension of time to file Notice of appeal out of time in an intended appeal against the judgment of the High Court of Kenya at Kericho (Mr. Justice Rimita) dated 27th July, 2000 in H.C.CR. APPEAL NO. 11 OF 1999) ************** R U L I N G
The applicant's appeal before the superior court was dismissed as far back as 27th July, 2000. The reason he gave for the delay in lodging his Notice of appeal in the affidavit sworn in support of the application was that:-
"That your honour I was sentenced before Kericho High Court and that my fourteen days expired while my transfer was prepared to be taken to Nakuru Prison".
In his submission to me in court he changed his story and alleged that the delay to file the appeal was due to lack of money to engage an advocate. His family who had promised to engage one for him did not do so.
I am of the view that the applicant is not being candid with the Court. I am unable to exercise my discretion in his favour in the result that the application is hereby dismissed.
Dated and delivered at Nakuru this 24th day of September, 2001.
E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR