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Court of AppealStruck OutCriminal Application No. NAI 37 of 2001· [2002] KECA 65 (KLR)

John Otira Taro v Republic [2002] KECA 65 (KLR)

Court of Appeal of Kenya

18 February 2002

JGJ. E. Gicheru

182 words in judgment

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The bottom line

Kenya's Court of Appeal struck out a late-appeal application because the original appeal had already lapsed; the correct fix is asking to reinstate it.

What this practically means

Executive summary

This is a single-Judge chambers ruling of the Court of Appeal at Nakuru by Gicheru JA on an application by John Otira Taro for extension of time to file a notice of appeal out of time. The intended appeal lay from a judgment of the High Court at Nakuru (Rimita J) dated 27 April 1994 in H.C.CR.A. No. 111 of 1993. The Judge examined the applicant's Criminal Appeal No. 52 of 1996 and his first Appeal No. 111 of 1993, and noted what had transpired in both, including that the applicant's appeal to the Court of Appeal had been marked as having abated. On that basis the Judge held the extension-of-time application incompetent and struck it out, observing that the applicant's only recourse was to apply for reinstatement of his abated Appeal No. 52 of 1996. The ruling is brief, contains no citation of authorities or statutory provisions, and makes no costs order. It is a short procedural decision rather than a full appellate judgment, and it does not disturb the High Court's decision; its practical significance lies in the proposition that where an appeal has abated, an extension-of-time application is incompetent and the correct remedy is an application for reinstatement of the abated appeal.

Key legal issues

Competence of an extension-of-time application where the appeal has abated

Holding

The application was incompetent because the applicant's appeal to the Court of Appeal had already abated; striking out was the appropriate order

Reasoning

The single Judge reviewed the applicant's Criminal Appeal No. 52 of 1996 and first Appeal No. 111 of 1993, noted what transpired in both, and that the appeal to the Court of Appeal had been marked as abated. On that basis the extension application could not stand, and the only recourse was to seek reinstatement of the abated appeal.

p. 1

Legal principles established

Where an appeal to the Court of Appeal has abated, an application for extension of time to file a notice of appeal out of time is incompetent; the proper recourse is an application for reinstatement of the abated appeal

Court orders

1.The application for extension of time to file notice of appeal out of time is struck out
2.The applicant is advised that his only recourse is to apply for reinstatement of his Criminal Appeal No. 52 of 1996

On appeal from: High Court of Kenya at Nakuru; H.C.CR.A. No. 111 of 1993
Jurisdiction invoked: Inherent jurisdiction of the Court of Appeal to extend time for filing a notice of appeal out of time (single Judge in chambers)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "John Otira Taro v Republic [2002] KECA 65 (KLR)", Case Analysis (2002). Criminal Application No. NAI 37 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/65/eng@2002-02-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.