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Court of AppealAllowedCriminal Application No. NAI. 23 of 2002 (Nak. 10/02)· [2002] KECA 251 (KLR)

Isaac Kimani Maina v Republic (? 23 of 2002) [2002] KECA 251 (KLR)

Court of Appeal of Kenya
17 September 2002
EOE. O. O'Kubasu
153 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a late appeal notice because no one opposed the request, keeping the appellant's appeal alive.

What this practically means

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Executive summary

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This is a short single-judge chambers ruling of the Court of Appeal at Nakuru delivered by O'Kubasu, JA on 17 September 2002. The applicant, Isaac Kimani Maina, sought extension of time to file a Notice of Appeal out of time in an intended appeal against the judgment of the High Court of Kenya at Nakuru (Visram, J) dated 11 April 2002 in H.C. Cr. Appeal No. 148 of 2002. The Notice of Appeal had been filed out of time. When the application came up, counsel for the respondent, Mr. Onderi, did not oppose it. In the absence of any opposition, the Judge of Appeal granted the application and ordered that the notice already filed be deemed to have been filed within time, thereby preserving the applicant's right to prosecute the intended appeal. The ruling is a one-page procedural order: it contains no extended reasoning, cites no authorities or statutory provisions, and makes no order as to costs. Its practical significance is limited to the parties; the only generalisable point is that an unopposed application for extension of time may be granted and the notice deemed regularly filed. As a chambers decision on extension of time, it does not disturb the High Court's decision below, which remains intact pending the intended appeal.

Key legal issues

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Extension of time to file a Notice of Appeal out of time

Holding

The application was granted without opposition, and the notice already filed was deemed filed within time

Reasoning

This was a single-judge chambers application. The respondent's counsel, Mr. Onderi, did not oppose the application. In the absence of opposition, the Judge of Appeal granted the extension and deemed the out-of-time notice to have been filed within time, preserving the applicant's intended appeal from the High Court judgment.

p. 2

Legal principles established

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  • Where an application for extension of time to file a Notice of Appeal is unopposed by the respondent, the Court may grant it and deem the notice filed within time

Court orders

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  1. 1.Extension of time granted to file the Notice of Appeal
  2. 2.The Notice of Appeal filed out of time is deemed to have been filed within time
On appeal from
High Court of Kenya at Nakuru
H.C. Cr. Appeal No. 148 of 2002
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to extend time for filing a Notice of Appeal (Appellate Jurisdiction Act regime; not expressly cited in the ruling)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Isaac Kimani Maina v Republic (? 23 of 2002) [2002] KECA 251 (KLR)", Case Analysis (2002). Criminal Application No. NAI. 23 of 2002 (Nak. 10/02). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/251/eng@2002-09-17

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