[2001] KECA 65 (KLR)
The court found that the applicant had provided a genuine reason for the delay in filing the notice of appeal. The absence of objection from the State Counsel further supported the exercise of the court's discretion. Satisfied with the explanation for the delay, the court granted the extension sought, allowing the...
Source-derived case information.
- Citation
- [2001] KECA 65 (KLR)
- Parties
- Applicant: Stanley Cheruiyot Langat; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 10 of 2001
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed. 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
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Parties
Stanley Cheruiyot Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided a genuine reason for the delay in filing the notice of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the notice of appeal.
Ratio Decidendi
The court found that the applicant had provided a genuine reason for the delay in filing the notice of appeal. The absence of objection from the State Counsel further supported the exercise of the court's discretion. Satisfied with the explanation for the delay, the court granted the extension sought, allowing the applicant to file the notice of appeal within 14 days from the date of the ruling.
Court Disposition
Application allowed. Extension of time granted.
Orders
- The applicant shall file his notice of appeal within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT NAKURU (CORAM: OWUOR, J.A (IN CHAMBERS) CRIMINAL APPLICATION NO. NAI. 10 OF 2001 BETWEEN STANLEY CHERUIYOT LANGAT .............................APPLICANT AND REPUBLIC .............................................RESPONDENT (Application for extension of time to file Notice of appeal out of time from the Judgment of the High Court of Kenya at Kericho (Lady Justice Ondeyo) dated 11th July, 2000 in H.C.CR. CASE NO. 12 OF 1998) *************** R U L I N G State Counsel not objecting and being satisfied as I am, that the reason given for the delay by the applicant is genuine, I will grant him the extension sought. The applicant do file his Notice of appeal within 14 days from today's date. Dated and delivered at Nakuru this 24th day of September, 2001 E. OWUOR ............... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR