MOHAMED ISSA MBELA ALI SAID ABDALLA vs REPUBLIC [2001] KECA 36 (KLR)
The bottom line
#Kenya's Court of Appeal let two men appeal more than a year after losing in the High Court — late appeals are not always hopeless.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants should be granted an extension of time to file their appeals
Key legal issues
#Extension of time to file appeals
Extension of time was granted, allowing the applicants 30 days from the date of the order to file their appeals
The ruling is a brief chambers order by Kwach JA granting leave; no reasons are recorded in the certified copy provided, so the basis of the discretion exercised cannot be stated beyond the order itself.
Legal principles established
#- The Court of Appeal may grant leave to file appeals out of time on conditions it fixes, here a 30-day window from the date of the order
Court orders
#- 1.Leave granted to the applicants to file their appeals within 30 days from 24th July 2001
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya at Mombasa
- H.C.CR.A. Nos. 250 & 251 of 1998
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal to grant extension of time (provision not stated in the ruling)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Leave granted to the applicants to file their appeals within 30 days from today.
Made at Mombasa this 24th day of July, 2001.
Issues in the judgment
#The certified copy records only the order, with no reasons, no submissions and no discussion of any authority; the analysis is necessarily limited to the four corners of the order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MOHAMED ISSA MBELA ALI SAID ABDALLA vs REPUBLIC [2001] KECA 36 (KLR)", Case Analysis (2001). Criminal Appeal (Application) No. 89 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/36/eng@2001-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.