[2023] KEHC 2163 (KLR)
The court found that the delay by the applicant in seeking leave to appeal was not inordinate and that the reasons advanced, namely the mistaken belief regarding computation of appeal timelines, were satisfactory. The applicant, being a public body, acted promptly upon realizing the error. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 2163 (KLR)
- Parties
- Applicant: County Government of Kisumu Public Health Department; Respondent: Holy Ghost Coptic Church of Africa (Administration); Respondent: John Juma Pesa; Respondent: Director Holy Ghost Church of Africa; Respondent: Family Members/Relatives
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 013 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application for leave to appeal out of time allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Kisumu Public Health Department
Applicant
Holy Ghost Coptic Church of Africa (Administration)
Respondent
John Juma Pesa
Respondent
Director Holy Ghost Church of Africa
Respondent
Family Members/Relatives
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time from the ruling and order of the Principal Magistrate.
- 2 Whether the delay in filing the appeal was inordinate or excusable.
Ratio Decidendi
The court found that the delay by the applicant in seeking leave to appeal was not inordinate and that the reasons advanced, namely the mistaken belief regarding computation of appeal timelines, were satisfactory. The applicant, being a public body, acted promptly upon realizing the error. The court exercised its discretion to grant leave to appeal out of time, emphasizing that the interests of justice would be served by allowing the applicant to file the intended appeal. The leave was granted on condition that the petition of appeal be filed and served within fourteen days, failing which the leave would lapse.
Court Disposition
application for leave to appeal out of time allowed
Orders
- Leave is granted to the applicant to file and serve a petition of appeal within fourteen (14) days from the date of this ruling.
- In default of compliance within fourteen days, the leave granted shall lapse.
Full Case Text
Judgment text and source record
27 paragraphs
County Government of Kisumu Public Health Department v Holy Ghost Coptic Church of Africa (Administration) & 3 others (Miscellaneous Criminal Application 013 of 2023) [2023] KEHC 2163 (KLR) (16 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2163 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application 013 of 2023
RE Aburili, J
March 16, 2023
Between
County Government of Kisumu Public Health Department
Applicant
and
Holy Ghost Coptic Church of Africa (Administration)
1st Respondent
John Juma Pesa
2nd Respondent
Director Holy Ghost Church of Africa
3rd Respondent
Family Members/Relatives
4th Respondent
Ruling
1. I have perused the application dated March 15, 2023 seeking for leave to appeal out of time from the ruling and order of Hon F Rashid, Principal Magistrate, Winam Law Courts rendered on February 23, 2023.
2. I observe that the delay is not inordinate and the reasons given for the delay are satisfactory as the applicant, a public body was under the mistaken belief that the number of days for appeal are exclusive of weekends.
3. In the premises, I hereby allow the application dated March 15, 2023 and grant leave to the applicant to file and serve upon the respondents herein a petition of appeal within fourteen (14) days of today and in default, the leave granted shall lapse.
4. I so order, and direct the registry in-charge to notify the applicant of this order.
5. Order to be typed and extracted.
6. This file is now closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF MARCH, 2023R. E. ABURILIJUDGE