[2024] KEHC 9171 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely, reliance on false promises by relatives to retain an advocate. The court was satisfied that this constituted sufficient cause under the law and exercised its discretion to grant leave to file the...
Source-derived case information.
- Citation
- [2024] KEHC 9171 (KLR)
- Parties
- Applicant: Moses Odhiambo Charles; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E113 of 2004
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Odhiambo Charles
Applicant
Republic
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 cause for the delay in filing an appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely, reliance on false promises by relatives to retain an advocate. The court was satisfied that this constituted sufficient cause under the law and exercised its discretion to grant leave to file the appeal out of time. The applicant was therefore allowed to file the appeal within seven days from the date of the ruling.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file his appeal out of time within 7 days from the date hereof.
- Mention on 1.8.2024 to confirm compliance.
Full Case Text
Judgment text and source record
18 paragraphs
Charles v Republic (Miscellaneous Criminal Application E113 of 2004) [2024] KEHC 9171 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9171 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E113 of 2004
MS Shariff, J
July 23, 2024
Between
Moses Odhiambo Charles
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Moses Odhiambo Charles has moved this court for leave to file an appeal out of time. This application is supported by his affidavit dated 10. 6.2024 wherein he deposes that the delay in filing an appeal was based on false promises by his relatives that they would retain an advocate to lodge an appeal but it has now become apparent that no advocate has so far been retained.
2. I am persuaded by the reason cited for the delay and I thus allow this application and I make the following orders:-a)The applicant I granted leave to file his appeal out of time within 7 days from the date hereof.
3. Mention on 1. 8.2024 to confirm compliance.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE