[2000] KECA 128 (KLR)
The court found that although the delay in bringing the application for extension of time was inordinate, the applicant had satisfactorily explained the reasons for the delay. Given the importance of the matter to the respondent and the public, the court exercised its discretion to extend the time for filing the...
Source-derived case information.
- Citation
- [2000] KECA 128 (KLR)
- Parties
- Applicant: Philiph Oyugi Opicha; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 13 of 2000
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- Application allowed; time for filing the certificate of the Attorney General extended.
- Legal Topics
- Extension of Time, Certificate of Attorney General, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philiph Oyugi Opicha
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided a satisfactory explanation for the delay in filing the certificate of the Attorney General.
- 2 Whether the court should exercise its discretion to extend time for filing the certificate in a criminal appeal.
Ratio Decidendi
The court found that although the delay in bringing the application for extension of time was inordinate, the applicant had satisfactorily explained the reasons for the delay. Given the importance of the matter to the respondent and the public, the court exercised its discretion to extend the time for filing the certificate of the Attorney General. The certificate dated 5th September, 2000 was deemed to have been filed within the extended period, thereby allowing the intended appeal to proceed.
Court Disposition
Application allowed; time for filing the certificate of the Attorney General extended.
Orders
- Time for filing of the certificate by the Attorney General in respect of the decision of 1st March, 1993 is extended.
- The certificate of the Attorney General dated 5th September, 2000 is deemed filed within the extended period.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: SHAH, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 13 OF 2000
BETWEENPHILIPH OYUGI OPICHA................................APPLICANTANDREPUBLIC..................................................RESPONDENT(An application for extension of time to file thecertificate of the Hon. Attorney General in an
intended appeal from the Judgment and order of the High Court of Kenya at Machakos (Torgbor,J) dated
1st March, 1993
in
H.C.CR.C. NO. 7 OF 1991)
******************
R U L I N G
I am satisfied that the matter now before me does raise a point of importance insofaras it concerns the respondent and the public. The delay in bringing this application, although inordinate, has been satisfactorily explained and I hereby extend the time for filing of the certificate by Hon. The Attorney General in respect of the decision of the superior court delivered on 1st March, 1993 so that the certificate of the Attorney General dated 5th September, 2000 is deemed to be filed within the extended period. The Registry of the superior court is hereby directed to prepare the record for use by date.
delivered at Nairobi this 1st day of November, 2000.
A.B. SHAH ................
JUDGE OF APPEAL I certify that this is
a true copy of the original.
DEPUTY REGISTRAR.