[2023] KEHC 2645 (KLR)
The court found that the delay of approximately one and a half months in filing the appeal was not unreasonable, particularly considering the appellant was a lay person and had provided an explanation for the delay. The absence of opposition from the respondent and the appellant's right to exhaust appellate remedies...
Source-derived case information.
- Citation
- [2023] KEHC 2645 (KLR)
- Parties
- Appellant: Adan Weda Abadiba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E030 of 2022
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed; leave to appeal out of time granted.
- Judges
- JN Onyiego
- Legal Topics
- Leave to Appeal Out of Time, Right of Appeal, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Weda Abadiba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the appellant should be granted leave to appeal out of time.
- 2 Whether the delay in filing the appeal was unreasonable.
Ratio Decidendi
The court found that the delay of approximately one and a half months in filing the appeal was not unreasonable, particularly considering the appellant was a lay person and had provided an explanation for the delay. The absence of opposition from the respondent and the appellant's right to exhaust appellate remedies further justified granting leave. The application was therefore allowed, and the appeal was admitted for hearing.
Court Disposition
Application allowed; leave to appeal out of time granted.
Orders
- Application for leave to appeal out of time is allowed.
- The appeal is admitted.
Full Case Text
Judgment text and source record
18 paragraphs
Abadiba v Republic (Criminal Appeal E030 of 2022) [2023] KEHC 2645 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2645 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Appeal E030 of 2022
JN Onyiego, J
March 28, 2023
Between
Adan Weda Abadiba
Appellant
and
Republic
Respondent
Ruling
1. I have considered the chamber summons which is not dated seeking leave of court to appeal out of time. According to the appellant he did not know how to apply for leave and that in any event there was no electricity (power) within Wajir town.
2. However, the appeal is not opposed. Sentence was delivered on April 28, 2022 and this appeal filed on June 14, 2022 translating to about 1 ½ month’s delay. I do not find the same unreasonable. Considering that the applicant is a lay person. I will grant him an opportunity to exhaust his right of appeal.
3. Accordingly, application is allowed as prayed. To that extent, the appeal is admitted and parties to file their respective submissions within 30 days. Hearing June 26, 2023.
RULING READ, DELIVERED IN OPEN COURT THIS…28TH DAY OF MARCH, 2023. J N ONYIEGOJUDGE28- 03-2023In the Presence of:Appellant/ ApplicantMr Kihara for the state.Martin/ Mohamed- Court Assistants.