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Court of AppealOtherCriminal Application No. NAI. 12 of 2002 (Nak. 3/02)· [2002] KECA 173 (KLR)
Peter Ndung'u Wagura v Republic [2002] KECA 173 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal let a man file extra paperwork supporting his late appeal request, but postponed deciding whether he can actually appeal.
What this practically means
#Executive summary
#This document is a short chambers order of the Court of Appeal at Nakuru delivered by Owuor, JA on 16 September 2002, in Criminal Application No. NAI. 12 of 2002 (Nak. 3/02). The applicant, Peter Ndung'u Wagura, sought leave to file a Notice of Appeal out of time in an intended appeal against the judgment of the High Court of Kenya at Nakuru (Ondeyo, LJ) dated 13 June 2001 in H.C. Cr. Appeals No. 88-89 of 1999. The court did not determine the extension-of-time application itself. Instead, it granted the applicant leave to file a supplementary affidavit to support the only ground on which the extension of time was sought, and directed that the application be fixed for hearing in the next session. Because this is an interlocutory procedural direction rather than a reasoned appellate judgment, it contains no framed issues, no holdings, no treatment of the decision below, no costs order and no authorities cited. It should not be treated as authority on the test for extension of time; the substantive application remained pending and undetermined at the date of this order.
Key legal issues
#Legal principles established
#Court orders
#- 1.Leave granted to the applicant to file a supplementary affidavit to support the only ground upon which he seeks extension of time to file a Notice of Appeal out of time
- 2.Application to be fixed for hearing in the next session
- On appeal from
- High Court of Kenya at Nakuru
- H.C. Cr. Appeals No. 88-89 of 1999
- Jurisdiction invoked
- Application for leave to file a Notice of Appeal out of time under the appellate rules of the Court of Appeal (provision not stated in the order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Ndung'u Wagura v Republic [2002] KECA 173 (KLR)", Case Analysis (2002). Criminal Application No. NAI. 12 of 2002 (Nak. 3/02). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/173/eng@2002-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.