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Court of AppealOtherNot stated in the judgment (arises from HCCRA No 006 of 2020)

Ndiritu v Republic (Criminal Application E189 of 2024) [2024] KECA 1772 (KLR)

Court of Appeal of Kenya
4 December 2024
149 words in judgment
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The bottom line

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Kenya's Court of Appeal let a litigant withdraw a duplicate extension-of-time application with no costs, since identical relief had already been granted.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nakuru delivered by Warsame, JA on 4th December 2024. The applicant, who seeks to appeal against his conviction and sentence in HCCRA No 006 of 2020, had filed two duplicative applications seeking leave (extension of time) to file the appeal. The first application had already been determined in the applicant's favour on 20th June 2024. The applicant then moved to withdraw the second, undated application for extension of time pursuant to Rule 54 of the Court of Appeal Rules. The respondent raised no objection to the withdrawal. The court allowed the application to withdraw and marked the extension-of-time application as withdrawn, with no orders as to costs. The ruling does not disturb any decision below; it is purely procedural and generates no substantive binding precedent beyond confirming that a duplicitous application may be withdrawn without a costs order where the relief sought has already been granted and the respondent does not object.

Questions the Court framed

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

  1. 1.Whether the applicant may withdraw the second, undated application for extension of time, a duplicate of an application already determined in his favour
  2. 2.Whether any costs order should attach to the withdrawal

Key legal issues

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01

Withdrawal of a duplicitous application for extension of time

Holding

Where an identical application has already been determined in the applicant's favour and the respondent does not object, the second application may be withdrawn under Rule 54 with no order as to costs.

Reasoning

The court noted the applicant had filed two duplicative applications seeking leave to appeal against conviction and sentence in HCCRA No 006 of 2020. The first had already been allowed on 20th June 2024, rendering the second application unnecessary. With the respondent raising no objection, the court permitted withdrawal under Rule 54 and marked the extension-of-time application as withdrawn, making no costs order.

p. 1

Legal principles established

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  • A party may withdraw a duplicitous application under Rule 54 of the Court of Appeal Rules where the same relief has already been determined and no objection is raised by the respondent, without an adverse costs order.

Court orders

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  1. 1.The application to withdraw is allowed
  2. 2.The applicant's application for extension of time is marked as withdrawn with no orders to cost

The bench

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

Mohamed Abdulahi Warsame
M. WarsameJA
Currently serving
majority

Wrote the judgment

On appeal from
High Court of Kenya
HCCRA No 006 of 2020
Jurisdiction invoked
Rule 54 of the Court of Appeal Rules (inherent/appellate jurisdiction to permit withdrawal of an application)

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.

Given that the respondent has not raised any objection to the withdrawal, the application to withdraw is allowed. The applicant’s application for extension of time is marked as withdrawn with no orders to cost.
p. 1Final orders - withdrawal of duplicate application
The applicant has filed two duplicitous applications seeking leave to file an appeal against his conviction and sentence in HCCRA No 006 of 2020.
p. 1Existence of duplicate applications

Issues in the judgment

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minor

The judgment does not state the case number of the application before the court, the parties' names, or the date and case number of the earlier ruling of 20th June 2024; the parties are identified only as 'the applicant' and 'the respondent'.

minor

The judgment does not state the date of the underlying High Court decision in HCCRA No 006 of 2020 or the judges who decided it.

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, "Ndiritu v Republic (Criminal Application E189 of 2024) [2024] KECA 1772 (KLR)", Case Analysis (2024). Not stated in the judgment (arises from HCCRA No 006 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1772/eng@2024-12-04

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