[2002] KECA 286 (KLR)
The court found that there was uncertainty as to whether the applicant had properly lodged a notice of appeal, given his claim of having thumb-printed a document. In the interests of justice and to ensure the applicant's right to appeal is not prejudiced by procedural ambiguity, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2002] KECA 286 (KLR)
- Parties
- Applicant: Samson Mogal Longalamoi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 27 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Lodge Notice of Appeal
- Outcome
- Application allowed. Extension of time granted to lodge notice of appeal within fourteen days.
- Legal Topics
- Extension of Time, Notice of Appeal, Robbery With Violence, 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
Samson Mogal Longalamoi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / 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 out of time.
- 2 Whether the applicant had already lodged a notice of appeal.
Ratio Decidendi
The court found that there was uncertainty as to whether the applicant had properly lodged a notice of appeal, given his claim of having thumb-printed a document. In the interests of justice and to ensure the applicant's right to appeal is not prejudiced by procedural ambiguity, the court exercised its discretion to grant an extension of time for lodging the notice of appeal. The court further directed the registry to expedite preparation of the record of appeal and for counsel to be appointed for the applicant, recognizing the seriousness of the sentence and the need for proper legal representation.
Court Disposition
Application allowed. Extension of time granted to lodge notice of appeal within fourteen days.
Orders
- Time to lodge notice of appeal extended by fourteen days from the date of the ruling.
- Registry directed to prepare record of appeal as soon as possible after notice is lodged.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE COURT OF APPEAL AT NAKURU CORAM: SHAH, J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 27 OF 2002 (NAK 8/02) BETWEEN SAMSON MOGAL LONGALAMOI…………………….…..APPLICANT AND REPUBLIC …………...…………………………. …………RESPONDENT
(An application for extension of time to lodge Notice of Appeal out of time in an intended appeal from the judgment of the High Court of Kenya at Eldoret (Tunya, J) dated 8th February, 2002 in H.C.CR.A. NO. 138 OF 1999 *****************R U L I N G
The applicant was convicted of the offence ofsimple robbery contrary to section 296(1)of thePenal Code, by the magistrate’s court. On appeal the High Court sentenced him to death on the basis that the offence disclosed was that ofrobbery with violence contrary to section 296(2) of thePenal Code . From what the applicant tells me I cannot be sure if he did lodge a notice of appeal. He says he thumb-printed a document. I allow this application and for avoidance of doubt extend time to lodge his notice of appeal by fourteen days from today. I direct the Registry to prepare record of appeal as soon as possible after the notice of appeal is lodged. I also direct that the applicant do have a counsel appointed to argue his appeal.
Dated and delivered at Nakuru this 25th day of February, 2003. A.B. SHAH JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR