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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the certified copy· [2002] KECA 27 (KLR)
Beatrice Wanjiru Kinua v Republic
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal granted a late appeal, but only on condition it be filed and served within fourteen days.
What this practically means
#Executive summary
#This document is a certified copy of an extremely short ruling of the Court of Appeal delivered at Nyeri on 28 October 2002 by M. Ole Keiwua, Judge of Appeal, sitting alone. The copy reproduces only the operative order: the applicant, a woman (the ruling refers to 'her appeal'), is granted leave to file her appeal out of time, and she is directed to file the appeal and serve the respondent within fourteen days of the order. The certified copy does not disclose the case number, the parties' names, the decision appealed from, the length of the delay, or any reasons for the grant; it opens with the order and closes with the delivery line and the Deputy Registrar's certification. No statute or case is cited, no costs order is made, and no separate or dissenting opinion appears, the ruling being the work of a single judge disposing of an interlocutory application. Because the court made no findings on the merits and did not disturb any decision below, the ruling sets no precedent beyond its operative directions: leave was granted, and compliance was fixed at fourteen days. Its practical significance for practitioners is twofold: extension-of-time applications at the Court of Appeal, Nyeri, were being disposed of by a single Judge of Appeal, and a grant of leave to appeal out of time is conditional on filing and service within the period the Court fixes. Any deeper analysis is impossible without the full ruling.
Key legal issues
#01
Whether the applicant should be granted leave to file her appeal out of time.
Holding
Leave was granted, subject to the appeal being filed and the respondent served within 14 days of the order.
Reasoning
The certified copy reproduces only the operative order and the delivery line. It records no background, no application number, no period of delay, no explanation for the default and no reasons for the grant. The considerations that weighed with the single Judge of Appeal therefore cannot be determined from this document, and none should be inferred or supplied from outside it.
p. 2
Legal principles established
#- A grant of leave to appeal out of time is conditional: the appeal must be filed and the other side served within the period the Court fixes in the order - here, fourteen days.
Court orders
#- 1.The applicant is granted leave to file her appeal out of time.
- 2.The applicant must file the appeal and serve the respondent within 14 days of the order.
- Jurisdiction invoked
- Not stated in the certified copy; the order was made in the Court of Appeal's appellate jurisdiction on an application for leave to file an appeal out of time.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Beatrice Wanjiru Kinua v Republic", Case Analysis (2002). Not stated in the certified copy. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/27/eng@2002-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.