[2020] KEHC 7 (KLR)
The court found that the reasons advanced by the applicant for the delay, specifically the impact of the Covid-19 pandemic, were reasonable and persuasive. The court further held that granting leave would not prejudice the respondent. Consequently, the court exercised its discretion to allow the application and...
Source-derived case information.
- Citation
- [2020] KEHC 7 (KLR)
- Parties
- Applicant: Caleb Ochola Nyainnda; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application EO17 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Ochola Nyainnda
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the reasons advanced by the applicant for the delay, specifically the impact of the Covid-19 pandemic, were reasonable and persuasive. The court further held that granting leave would not prejudice the respondent. Consequently, the court exercised its discretion to allow the application and granted the applicant leave to file the appeal out of time, directing that the petition of appeal be filed within 14 days.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file appeal out of time.
- The petition of appeal to be filed in a separate appeal file within 14 days of the ruling.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. EO17 OF 2020
CALEB OCHOLA NYAINDA.......APPLICANT
VERSUS
STATE..........................................RESPONDENT
(Being an application for leave to appeal out of time from Bondo PM’s Court Criminal Case No. 196 of 2020)
RULING
1. I have considered the application filed on 2. 12. 2020 for leave to appeal out of time from original Bondo P.M. Cr. 196/2020.
2. I have considered the reasons for delay during this Covid-19 pandemic and I find them reasonable and acceptably persuasive.
3. No prejudice will occasioned to the Respondent if the leave sought is granted.
4. I grant the applicant leave to file appeal out of time.
5. The Petition of appeal to be filed in a separate appeal file within 14 days of today.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2020
R.E. ABURILI
JUDGE