[2001] KECA 115 (KLR)
The court granted the application for extension of time because it was not opposed by the respondent. The judge exercised judicial discretion in favour of the applicant, noting the absence of opposition and any indication of prejudice to the respondent. The orders specify the timelines within which the notice and...
Source-derived case information.
- Citation
- [2001] KECA 115 (KLR)
- Parties
- Applicant: Samuel Chege; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 23 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Chege
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal against the High Court judgment.
- 2 Whether there is any opposition to the application for extension of time.
Ratio Decidendi
The court granted the application for extension of time because it was not opposed by the respondent. The judge exercised judicial discretion in favour of the applicant, noting the absence of opposition and any indication of prejudice to the respondent. The orders specify the timelines within which the notice and record of appeal must be filed, ensuring compliance with procedural requirements for criminal appeals.
Court Disposition
Application allowed.
Orders
- The notice of appeal must be lodged, if not already filed, within fourteen days from the date hereof.
- The record of appeal must be lodged, if not already filed, within twenty-one days from the date the notice of appeal is filed in court.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE COURT OF APPEAL AT NYERI (CORAM: OMOLO,J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI.23 OF 2001(NYR4/2001) BETWEEN SAMUEL CHEGE ....................................... APPLICANT AND REPUBLIC ...........................................RESPONDENT Application for extension of time to file an appeal from a judgment, of the High Court of Kenya at Nyeri (Mr. Justice J.V.O. Juma) dated 27th July, 2000 in H.C.CR. APPEAL NO.186 OF 1999) ******************* RULING
The motion of the applicant is not opposed. I allow the same and make the following orders:-
(1) The nature of appeal must be lodged, if not already filed, within fourteen days from the date hereof.
(2)The record of appeal must be lodged if not already filed, within twenty one (21) days from the date the notice of appeal is filed in court. Dated at Nyeri this 23rd day of October, 2001. R.S.C. OMOLO .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR