Kipng'etich v Republic [1984] KECA 53 (KLR)
- Court
- Court of Appeal
- Case number
- 53
- Citation
- [1984] KECA 53 (KLR)
- Decided
- 10 December 1984
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant's appeal from the High Court's dismissal of a second appealCoramZ.R Chesoni Ag
Holding
The application is allowed, and the applicant shall file the notice of appeal within 14 days from the date of this order
Facts
The applicant's wife consulted him in September 1984, requesting him to instruct a lawyer to file a second appeal. She later discovered that the first advocate had not filed or prosecuted the appeal, and she instructed new advocates to file the application.
Issues
- Whether the applicant should be allowed to file a notice of appeal after a delay due to the first advocate's inaction
- Whether the delay is inordinate and affects the liberty of a subject
Reasoning
The applicant took necessary steps to prosecute his appeal but was let down by his former advocate. The delay is not inordinate and involves the liberty of a subject.
Outcome
Appeal allowed
Orders
- The applicant shall file the notice of appeal within 14 days from the date of this order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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