[1999] KECA 87 (KLR)
The court exercised its discretion to grant leave to the applicant to file his appeal out of time, noting that there was no objection from the respondent. The application was allowed as prayed, and the appeal was deemed to have been lodged within the prescribed period.
Source-derived case information.
- Citation
- [1999] KECA 87 (KLR)
- Parties
- Appellant: William Nyangusi Kithuku; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 39 of 1999
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to File Appeal
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Legal Topics
- Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Nyangusi Kithuku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file the appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant leave to the applicant to file his appeal out of time, noting that there was no objection from the respondent. The application was allowed as prayed, and the appeal was deemed to have been lodged within the prescribed period.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted leave to file his appeal out of time.
- Criminal Appeal No. 39 of 1999 is deemed to have been lodged within the prescribed period.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT MOMBASA CORAM: TUNOI, J.A. (IN CHAMBERS) CRIMINAL APPEAL (APPLICATION) NO. 39 OF 1999 BETWEEN WILLIAM NYANGUSI KITHUKU ..............................APPELLANT AND REPUBLIC ..............................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Mombasa (Hayanga & Waki JJ) dated 6th November, 1998 in H.C.CR.A. NO. 129 OF 1997) ******************* R U L I N G
There being no objection to the application, I grant it as prayed. The applicant is granted leave to file his appeal out of time. Criminal Appeal No. 39 of 1999 is deemed to have been lodged within the prescribed period. Dated and delivered at Mombasa this 20th day of July, 1999. P. K. TUNOI --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR