Samson Mogal Longalamoi v Republic [2002] KECA 286 (KLR)
The bottom line
#Kenya's Court of Appeal gave a death-row appellant 14 more days to file his appeal because it couldn't confirm his earlier filing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted an extension of time to lodge a notice of appeal against the High Court's decision on appeal
Key legal issues
#Extension of time to lodge notice of appeal
The application was allowed and time extended by fourteen days
The applicant stated he thumb-printed a document said to be a notice of appeal, but the court could not be sure it was lodged. Exercising its discretion, the court extended time by fourteen days and gave directions to facilitate the appeal, including appointment of counsel.
Legal principles established
#- Where an applicant's account leaves doubt as to whether a notice of appeal was lodged, the court may extend time to lodge the notice and direct that the record of appeal be prepared and counsel appointed
Court orders
#- 1.Extension of time by fourteen days from the date of the ruling for the applicant to lodge his notice of appeal
- 2.Direction to the Registry to prepare the record of appeal as soon as possible after the notice of appeal is lodged
- 3.Direction that counsel be appointed for the applicant to argue his appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- Not stated
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal to extend time for lodging notice of appeal (not expressly cited in the ruling)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I allow this application and for avoidance of doubt extend time to lodge his notice of appeal by fourteen days from today.
I direct the Registry to prepare record of appeal as soon as possible after the notice of appeal is lodged. I also direct that the applicant do have a counsel appointed to argue his appeal.
Issues in the judgment
#The judgment does not state the case number, the parties' names, or the case decided below; it is a brief ex tempore ruling on an extension-of-time application
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Mogal Longalamoi v Republic [2002] KECA 286 (KLR)", Case Analysis (2003). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/286/eng@2002-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.