[2002] KECA 179 (KLR)
The court found that the applicant failed to demonstrate any arguable point of law or mixed fact and law that would justify granting an extension of time to appeal. The judge was not persuaded by the applicant's reasons for delay or by the merits of the intended appeal, concluding that allowing the application would...
Source-derived case information.
- Citation
- [2002] KECA 179 (KLR)
- Parties
- Applicant: Timothy Ayieko Olingo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 38 of 2002
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Criminal Appeals, Grievous Bodily Harm, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Ayieko Olingo
Applicant
Republic
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for extension of time to lodge an appeal out of time.
- 2 Whether the intended appeal raises arguable points of law or is an exercise in futility.
Ratio Decidendi
The court found that the applicant failed to demonstrate any arguable point of law or mixed fact and law that would justify granting an extension of time to appeal. The judge was not persuaded by the applicant's reasons for delay or by the merits of the intended appeal, concluding that allowing the application would be an exercise in futility. Accordingly, the application for extension of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time to lodge an appeal is dismissed.
- The prison authorities are directed to ensure the applicant receives regular medical treatment for diabetes if his claims are correct.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU CORAM:SHAH, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI.38 OF 2002 (KSM.20/2002)
BETWEEN
TIMOTHY AYIEKO OLINGO ................................APPLICANT
AND
REPUBLIC ....................................................RESPONDENT
(An application for extension of time to lodge an appeal out of time from a Judgment of the High Court of Kenya at Kisumu (Mr. Justice B.K. Tanui) dated 9th November, 2001 in H.C.C.CR.A 109 OF 2001) ***********
R U L I N G
The applicant was convicted of the offence of causing grievous bodily harm contrary to section 234 of the Penal Code. He was sentenced to serve 4 years imprisonment. His first appeal to the High Court was dismissed. He wishes now to appeal to this Court for which purpose he is seeking extension of time to lodge his notice of appeal.
Therespondent opposes the application on the ground that the application discloses no point of law on mixed fact and law which would entitle the applicant to successfully mount an appeal. I am not really concerned with the alleged irregularities in the dates of filing of this motion. The motion is filed on 24th July, 2002. Supported by an affidavit sworn on 23rd May, 2002. There is nothing wrong in the manner the application is brought up. The only paroblem is that in the intended appeal would be an exercise in futility. I dismiss this application.
Dated and delivered at Kisumu this 25th day of November, 2002.
A. B. SHAH ................
JUDGE OF APPEAL
NOTE:The applicant complains of health problems, particularly diabetis. I direct the prison authorities to have him regularly treated if what he says is correct.
A. B. SHAH ..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR