[2017] KEHC 4812 (KLR)
The court found that a delay of over seven years in seeking leave to appeal out of time was too long to be excused, especially where the only reason advanced was the applicant's family failing to secure a lawyer. The court held that such a prolonged delay, without sufficient justification, could not be overlooked...
Source-derived case information.
- Citation
- [2017] KEHC 4812 (KLR)
- Parties
- Appellant: Benson Mwiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 24 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application declined
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mwiti
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the delay of over seven years in seeking leave to appeal out of time can be excused.
- 2 Whether the reason of failing to get a lawyer constitutes sufficient cause for the delay.
Ratio Decidendi
The court found that a delay of over seven years in seeking leave to appeal out of time was too long to be excused, especially where the only reason advanced was the applicant's family failing to secure a lawyer. The court held that such a prolonged delay, without sufficient justification, could not be overlooked and therefore declined to grant the application for leave to appeal out of time.
Court Disposition
application declined
Orders
- The application for leave to appeal out of time is declined.
- Applicant to be served with the ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION NO. 24 OF 2017
BENSON MWITI …………………………………….…….APPELLANT
VERSUS
REPUBLIC......……………….………………………..….RESPONDENT
ORDER
I have considered the Affidavit in Support. The decision sought to be appealed against was made on 4/12//2009. It is now over seven (7) years. The reason given is that of the family failing to get a lawyer for the Applicant.
To my mind, 7 years is too long a delay to overlook.
Accordingly, the application is declined. Applicant be served with the ruling.
DATED, THIS 28TH DAY OF JUNE, 2017.
A. MABEYA
JUDGE
28/06/2017