Benson Mwiti v Republic [2017] KEHC 4812 (KLR)
- Citation
- [2017] KEHC 4812 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- A Mabeya
- Case number
- Miscellaneous Criminal Application 24 of 2017
- Language
- English
More details
- Court
- High Court
- Panel
- A Mabeya
- Case number
- Miscellaneous Criminal Application 24 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Benson Mwiti
AppellantRepublic
Respondent03
Procedural history
Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
04
Questions and positions
Legal issues
- 01
Whether the delay of over seven years in seeking leave to appeal out of time can be excused.
- 02
Whether the reason of failing to get a lawyer constitutes sufficient cause for the delay.
Party arguments
- Applicant
- The applicant contended that the delay in filing the appeal was due to the family failing to secure a lawyer for him.
- Respondent
- The respondent opposed the application, arguing that the delay of over seven years was excessive and unjustified.
05
Court’s reasoning
Legal principles
- 01
General principles of criminal procedure
Applications for leave to appeal out of time require demonstration of sufficient cause for the delay.
- 02
Judicial discretion in criminal appeals
Excessive and unexplained delay may be grounds for declining extension of time to appeal.
06
Ratio, limits and disposition
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
- The application for leave to appeal out of time is declined.
- Applicant to be served with the ruling.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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
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