[2025] KEHC 9593 (KLR)

[2025] KEHC 9593 (KLR)

The court found that the applicant satisfactorily explained the delay in filing his appeal, specifically that he was not supplied with the court proceedings and judgment in time. The court emphasized that the right of appeal is constitutional but must be exercised within the statutory period unless sufficient cause is shown for delay. Applying the principles from Salat v IEBC & 7 others, the court held that the applicant had met the threshold for extension of time and exercised its discretion to grant leave to appeal out of time. The merits of the appeal were not considered at this stage; the focus was solely on whether there was an arguable basis for appeal and sufficient explanation for...

Citation
[2025] KEHC 9593 (KLR)
Parties
Appellant: Simon Emaidi Chelule; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Criminal Miscellaneous Application E032 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed; leave to appeal out of time granted.
Judges
RN Nyakundi
Legal Topics
Extension of Time, Right of Appeal, Defilement Offence, Judicial Discretion
Source Language
English
Criminal Law Extension of Time Right of Appeal Defilement Offence Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Emaidi Chelule

Appellant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has provided sufficient reason for delay in filing the appeal out of time.
  2. 2 Whether the court should exercise its discretion to grant leave to appeal out of time.

Ratio Decidendi

The court found that the applicant satisfactorily explained the delay in filing his appeal, specifically that he was not supplied with the court proceedings and judgment in time. The court emphasized that the right of appeal is constitutional but must be exercised within the statutory period unless sufficient cause is shown for delay. Applying the principles from Salat v IEBC & 7 others, the court held that the applicant had met the threshold for extension of time and exercised its discretion to grant leave to appeal out of time. The merits of the appeal were not considered at this stage; the focus was solely on whether there was an arguable basis for appeal and sufficient explanation for...

Court Disposition

Application allowed; leave to appeal out of time granted.

Orders

  • Leave to appeal out of time is granted to the applicant.