[2001] KECA 82 (KLR)
The court exercised its discretion to grant the extension of time as the application was unopposed and there was no reason to refuse the request. The applicant was therefore allowed to file the notice of appeal and the record of appeal within the specified extended periods.
Source-derived case information.
- Citation
- [2001] KECA 82 (KLR)
- Parties
- Applicant: Samuel Aloice Kimani; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 36 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Aloice Kimani
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file a notice of appeal and record of appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant the extension of time as the application was unopposed and there was no reason to refuse the request. The applicant was therefore allowed to file the notice of appeal and the record of appeal within the specified extended periods.
Court Disposition
Application allowed.
Orders
- The notice of appeal, if not already filed, be filed within seven days of the date hereof. If already filed, time is extended to the date when it was filed.
- The record of appeal is to be filed within thirty days from today.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE COURT OF APPEAL AT KISUMU CORAM: OMOLO J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 36 OF 2001 (KSM. 43/2001) BETWEEN SAMUEL ALOICE KIMANI ................................APPLICANT AND REPUBLIC .................................................RESPONDENT (Application for extension of time to appeal out of time in an Appeal from a judgment of the High Court of Kenya at Kisii (Mr. Justice Wambilyangah) dated 29t January, 2001) in H.C.CR.APP. NO. 121 OF 2000) ******************R U L I N G As the motion filed herein is not opposed and as I see no reason for refusing the same, I allow the motion lodged in court on 28th February, 2001 and make the following orders: - (i)The notice of appeal, if not already filed, be filed within seven days of the date hereof. If the same has been filed then the time is extended to the date when it was filed. (ii) The record of appeal is to be filed within thirty days from today. Dated and delivered at Kisumu this 19th day of November, 2001. R. S. C. OMOLO
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR