[2002] KECA 280 (KLR)
The Court of Appeal dismissed the application for extension of time to appeal on the basis that it has no jurisdiction to entertain an appeal against a sentence that is not illegal and has already been confirmed by the High Court. Since the sentence imposed was lawful and the applicant had pleaded guilty, any...
Source-derived case information.
- Citation
- [2002] KECA 280 (KLR)
- Parties
- Applicant: Samuel Njuguna Kirigi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 48 of 2002
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals, Jurisdiction of Court, Manslaughter Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Njuguna Kirigi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to extend time to appeal against a sentence that is not illegal.
- 2 Whether there is any merit in granting an extension of time to appeal where the sentence has already been confirmed by the High Court.
Ratio Decidendi
The Court of Appeal dismissed the application for extension of time to appeal on the basis that it has no jurisdiction to entertain an appeal against a sentence that is not illegal and has already been confirmed by the High Court. Since the sentence imposed was lawful and the applicant had pleaded guilty, any extension of time would serve no purpose. The court emphasized that it cannot grant relief where it lacks jurisdiction, rendering the application futile.
Court Disposition
application dismissed
Orders
- The application for extension of time to appeal is dismissed.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NYERICORAM: SHAH, J.A (IN CHAMBERS)CRIMINAL APPLICATION NO. NAI. 48 OF 2002 BETWEEN SAMUEL NJUGUNA KIRIGI….…………………………..APPLICANT AND REPUBLIC ……………………………………………….RESPONDENT
(Application for extension of time to appeal out of time from a sentence of the High Court of Kenya at Nyeri (Juma, J) dated 26. 7.2000 in H.C.CR.C. NO. 15 OF 1999) ***************** R U L I N G
The applicant wishes to appeal against a sentence of ten years imposed on him for the offence of manslaughter. He pleaded guilty to the charge. The sentence was passed by the magistrate’s court. An appeal to High Court confirmed it. As the sentence is not illegal this court has no jurisdiction.
Any extension of time will be an exercise in futility. This application is dismissed.
Dated and delivered at Nyeri this 29th day of October, 2002. A.B. SHAH ----------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR