[2002] KECA 67 (KLR)
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the respondent did not oppose the application. The applicant's notice of appeal, already lodged on 8-2-2001, was deemed to have been filed within the extended period. The absence of opposition and the...
Source-derived case information.
- Citation
- [2002] KECA 67 (KLR)
- Parties
- Applicant: Richard Wanyonyi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application for extension of time granted.
- Legal Topics
- Extension of Time, Notice of Appeal, Criminal Appeal Procedure
- 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
Richard Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time for lodging the notice of appeal, noting that the respondent did not oppose the application. The applicant's notice of appeal, already lodged on 8-2-2001, was deemed to have been filed within the extended period. The absence of opposition and the interests of justice warranted the grant of the extension sought.
Court Disposition
Application for extension of time granted.
Orders
- Time for lodging the Notice of Appeal is extended to 8-2-2001.
- The Applicant's Notice of Appeal lodged on 8-2-2001 is deemed to have been lodged within the extended time.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: GICHERU, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI 1 OF 2002
BETWEEN
RICHARD WANYONYI .................................... APPLICANT
AND
REPUBLIC .......................................... RESPONDENT
(Application for extension of time to file notice of
appeal out of time in an intended appeal from a
judgment of the High Court of Kenya at Kitale
(Nambuye J) dated 27th October, 2001
in
H.C.CR.C. NO. 2 OF 1998)
********************
O R D E R
Counsel for the respondent not opposing, this application is granted so that the time for lodging the Notice of Appeal is extended to 8-2-2001 with the result that the Applicant's Notice of Appeal lodged on the aforesaid date is deemed to have been lodged within the extended time.
Dated and delivered at Nakuru this 18th day of February, 2002.
J. E. GICHERU --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR