Sammy Furaha Kalume v Republic [2021] KEHC 8781 (KLR)
- Court
- High Court of Kenya
- Case number
- 8781
- Citation
- [2021] KEHC 8781 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks extension of time to file appealCoramSmith, The
Holding
The court grants the application for extension of time
Facts
Applicant Sammy Furaha Kalume was convicted and sentenced for Arson and malicious damage to property on 14.12.2016. The appeal time expired on 31.12.2016, and the applicant has not filed any appeal memorandum.
Issues
- Whether the applicant has sufficient and good cause to extend the time to file an appeal
- Whether the court should exercise its discretion to grant an extension of time
Reasoning
The court grants the application due to the applicant's inability to file the appeal while in prison custody and the advocate's failure to act under Section 349 of the Criminal Procedure Code.
Outcome
Grant of extension of time
Orders
- The court grants the application for extension of time
Remedies
- Extension of time to file appeal
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Constitution of Kenya
Cases cited (2)
- Charles Kangamiteto vs Uganda
- Salt v Independence Electoral Commission & 7 others (2014) KLR (SCK)
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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