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Evans Kanai Karanja v Republic [2001] KECA 71 (KLR)

[2001] KECA 71 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
71
Citation
[2001] KECA 71 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice of appealCoramOWUOR, J.A (IN CHAMBERS)
Holding

The application is allowed and time for filing the Notice of appeal is hereby extended to 13th February, 2000. Notice of appeal filed on 13th February, 2001 is hereby deemed to have been filed on 24th September, 2001.

Facts

The applicant was convicted and sentenced on 10th January, 2001. He handed over his Notice of appeal to the prison authorities on 22nd January, 2001 but it was not lodged with the Deputy Registrar of the Court till 21st February, 2001.

Issues

  1. Whether the delay in filing the Notice of appeal is attributable to the applicant.
  2. Whether the application for extension of time to file the Notice of appeal should be granted.

Reasoning

The delay in filing the Notice of appeal is not attributed to the applicant and hence the application is allowed.

Outcome

The application for extension of time to file the Notice of appeal is allowed.

Orders

  • Time for filing the Notice of appeal is extended to 13th February, 2000.
  • Notice of appeal filed on 13th February, 2001 is deemed to have been filed on 24th September, 2001.
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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