Kamichar v Republic (Criminal Application E035 of 2022) [2023] KECA 559 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 559
- Citation
- [2023] KECA 559 (KLR)
- Decided
- 12 May 2023
The application for extension of time to lodge the record of appeal is allowed, and the record of appeal is deemed as having been duly lodged and served upon payment of the requisite court fees.
Facts
The applicant was charged with obtaining registration by false pretenses and was sentenced to three months imprisonment. The High Court did not consider the appeal on conviction, and the applicant sought to appeal this refusal. The applicant was unable to file the record of appeal in time due to delays in communication and the need to transfer the appeal to Kiambu High Court.
Issues
- Whether the High Court refused to consider the appeal on conviction
- Whether the applicant has a reasonable basis to seek an extension of time to file the record of appeal
Reasoning
The court exercised its discretion to allow the application due to the applicant's prompt action and the lack of prejudice to the respondent.
Outcome
The application for extension of time to lodge the record of appeal is granted.
Orders
- The record of appeal is deemed as having been duly lodged and served upon payment of the requisite court fees.
Authorities cited
Cases cited (1)
- Salat v Independent Electoral & Boundaries Commission & 7 others [2014] KLR-SCK.
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