[2025] KECA 613 (KLR)
The court found that the applicant had provided a reasonable and excusable explanation for the delay in filing the notice of appeal, namely, the inability to raise the required court fees. The delay was not inordinate, and the respondent did not oppose the application. Exercising its discretion under Rule 4 of the...
Source-derived case information.
- Citation
- [2025] KECA 613 (KLR)
- Parties
- Applicant: Zablon Misiko Bushuru; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E148 of 2024
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Extension of Time, Right of Appeal, Criminal Procedure, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zablon Misiko Bushuru
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the notice of appeal out of time.
- 2 Whether the applicant should be granted leave to appeal out of time under Rule 4 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant had provided a reasonable and excusable explanation for the delay in filing the notice of appeal, namely, the inability to raise the required court fees. The delay was not inordinate, and the respondent did not oppose the application. Exercising its discretion under Rule 4 of the Court of Appeal Rules, the court held that the applicant should not be denied the opportunity to exercise his constitutional right of appeal. Consequently, the application for extension of time was allowed, and the applicant was granted leave to file and serve the notice of appeal within fourteen days.
Court Disposition
application allowed
Orders
- The applicant is granted leave to appeal out of time.
- The notice of appeal shall be filed and served within fourteen (14) days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Bushuru v Republic (Criminal Application E148 of 2024) [2025] KECA 613 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KECA 613 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Application E148 of 2024
LK Kimaru, JA
March 28, 2025
Between
Zablon Misiko Bushuru
Applicant
and
Republic
Respondent
(Being an application for extension of time to appeal out of time from the Judgment of the High Court of Kenya at Kakamega (W. Musyoka, J. Dated 6th October, 2021 in HC CRA. Case No. 62 of 2013)
Ruling
1. Zablon Misiko Bushuru, the applicant herein, was charged before High Court of Kenya at Kakamega with murder contrary to section 203 as read with section 204 of the Penal Code. He pleaded not guilty to the charge. After full trial, he was convicted and sentenced to serve thirty five (35) years in prison. The sentence was meted out on 6th October 2021.
2. The applicant now wishes to exercise his right of appeal to this Court. He has moved this Court in a notice of motion essentially brought under Rules 4, and 43 of the Court of Appeal Rules, 2022. He states that he was prevented from lodging the appeal in time on account that he was not able to raise the requisite court fees to mount the appeal. The application is not opposed by the respondent. The respondent was persuaded that the delay was sufficiently explained and further that the delay was not inordinate in the circumstances.
3. Rule 4 of the Court’s Rules grants this Court unfettered discretion to extend time for any step intended to be done within the period specified in the Rules. In the present application, it is clear to this Court that the reason given by the applicant for the delay in lodging the appeal in time is excusable. The applicant should be given the opportunity to exercise his constitutional right of appeal to this Court.
4. In the premises therefore, the applicant’s application is allowed.The applicant is granted leave to appeal out of time. The notice of appeal shall be filed and served within fourteen (14) days from today’s date.
5. It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2025. L. KIMARU…………………………………………JUDGE OF APPEALI certify that this is a true copy of original.DEPUTY REGISTRAR