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Court of AppealAllowedCriminal Appeal (Application) No. 163 of 2001

ALPHONCE MACKENZIE vs REPUBLIC [2002] KECA 96 (KLR)

Court of Appeal
22 January 2002
ALA. A. Lakha
135 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a late criminal appeal to proceed by extending filing time, since the State did not object.

What this practically means

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Executive summary

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This document is not a reasoned judgment but a short order made in chambers by Lakha, J.A., of the Court of Appeal at Mombasa on 22 January 2002 in Criminal Appeal (Application) No. 163 of 2001. Alphonce Mackenzie, styled Applicant, sought an extension of time to lodge a notice of appeal out of time in an intended appeal against a judgment of the High Court of Kenya at Mombasa (Khaminwa (Mrs.), Commissioner of Assize) dated 24 August 1999 in H.C.CR.A. No. 375 of 1999. The Republic, through Miss Mwaniki, state counsel, did not object, and on that basis the single Judge of Appeal extended time so that the appeal filed would be deemed to have been filed within the extended time. The order gives no reasons, cites no statute or authority, and makes no order as to costs. It does not disturb the High Court's judgment; it is purely procedural, validating the late notice of appeal and clearing the way for the intended criminal appeal to proceed to full hearing. Because it is an unreasoned, consent-based discretionary order made by a single judge in chambers, it lays down no binding rule for lower courts and no precedent can be extracted from it; its significance is confined to the parties. The bench comprised one Judge of Appeal; there are no separate opinions, dissents, or consolidated matters, and no authorities were cited.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether time should be extended for lodging a notice of appeal out of time in the intended appeal against the judgment of the High Court of Kenya at Mombasa (Khaminwa (Mrs.) Commissioner of Assize) dated 24th August 1999 in H.C.CR.A. NO. 375 OF 1999.

Key legal issues

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Whether the applicant should be granted an extension of time to lodge a notice of appeal out of time in the intended appeal from the High Court judgment of 24th August 1999.

Holding

Yes. Time was extended so that the appeal filed would be deemed to have been filed within the extended time, the Respondent through state counsel not objecting.

Reasoning

The order contains no reasons. It is a discretionary chambers decision by a single Judge of Appeal, granted on the recorded fact that Miss Mwaniki, state counsel for the Respondent, did not object. The court exercised its power to extend time and deemed the appeal filed within the extended period, thereby validating the late notice of appeal in the intended appeal from H.C.CR.A. No. 375 of 1999. Because the order is unreasoned and consent-based, no general principle or test for extension of time can be drawn from it; its effect is confined to this matter.

p. 2

Legal principles established

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    Court orders

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    1. 1.Time extended so that the appeal filed shall be deemed to have been filed within such extended time, Miss Mwaniki, state counsel for the Respondent, not objecting.

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    AL
    majority

    Wrote the judgment

    On appeal from
    High Court of Kenya at Mombasa
    H.C.CR.A. NO. 375 OF 1999
    Jurisdiction invoked
    Not stated in the order. The document records only an application for extension of time to lodge a notice of appeal out of time in an intended appeal to the Court of Appeal; no constitutional or statutory provision is cited.

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    Miss Mwaniki, state counsel for the Respondent not objecting time is extended so that the appeal filed shall be deemed to have been filed within such extended time.
    p. 2Final order - extension of time granted and appeal deemed properly filed
    Application for extension of time to lodge a notice of appeal out of time in an intended appeal from a judgment of the High Court of Kenya at Mombasa (Khaminwa (Mrs.) Commissioner of Assize) dated 24th August, 1999
    p. 2Nature of the application and the decision appealed from

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "ALPHONCE MACKENZIE vs REPUBLIC [2002] KECA 96 (KLR)", Case Analysis (2002). Criminal Appeal (Application) No. 163 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/96/eng@2002-01-22

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