[2015] KECA 428 (KLR)
The court found that the applicant's ill health due to his HIV status and his current incarceration in Kisumu Prison constituted sufficient grounds to grant the transfer of the intended appeal from Eldoret to Kisumu. The court reasoned that hearing the appeal in Kisumu would be more convenient, cost-effective, and...
Source-derived case information.
- Citation
- [2015] KECA 428 (KLR)
- Parties
- Applicant: D O O; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 10 of 2015
- Procedural Posture
- Criminal Application / Application for Extension of Time and Transfer of Appeal
- Outcome
- Application allowed.
- Judges
- AK Murgor
- Legal Topics
- Extension of Time, Transfer of Appeal, Appeals Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D O O
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time and Transfer of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to extend time to file an appeal against sentence.
- 2 Whether the intended appeal should be transferred from Eldoret to Kisumu due to the applicant's ill health and current place of incarceration.
Ratio Decidendi
The court found that the applicant's ill health due to his HIV status and his current incarceration in Kisumu Prison constituted sufficient grounds to grant the transfer of the intended appeal from Eldoret to Kisumu. The court reasoned that hearing the appeal in Kisumu would be more convenient, cost-effective, and humane, avoiding unnecessary travel for the applicant. Additionally, the court exercised its discretion to grant leave to extend time for filing the intended appeal, considering the circumstances presented by the applicant.
Court Disposition
Application allowed.
Orders
- The intended appeal is to be transferred from Eldoret to Kisumu.
- The intended appeal must be filed at Kisumu within one (1) month from the date of this order.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: A.K. MURGOR J.A.)
CRIMINAL APPLICATION NO. 10 OF 2015
BETWEEN
D O O ………………............................................……….…….APPLICANT
AND
REPUBLIC ………………..………………………………. RESPONDENT
(An application seeking leave to extend time to file an appeal from the original sentence of the High Court of Kenya at Eldoret
(Justice F. Ochieng, J) dated 19th December, 2013.
in
ELDORET H.C.R.A. NO. 31 OF 2010)
*************************************
RULING
In the Chamber Summons filed on 10th June, 2015, the applicant D O O has sought leave to extend time to file an appeal from the sentence of the High Court at Eldoret, as well as to obtain orders for the transfer of the intended appeal from the Court of Appeal sitting in Eldoret to this Court.
In his submissions before me, the applicant stated that he is currently serving his prison sentence in Kisumu Prison, and the reason for seeking the transfer of his appeal was his ill health on account of his HIV status and the distance required to travel to Court to attend to his appeal.
Mr. Ketoo, learned counsel for the State did not oppose the application for leave to extend time to file an appeal against sentence. Counsel however opposed the application to transfer the applicant’s intended appeal from Eldoret to Kisumu for reasons that the grounds for transfer advanced by the applicant were insufficient to warrant such transfer.
I have considered the application and the submissions of the parties.
With respect to the application to transfer the intended appeal from Eldoret to Kisumu, having regard to the applicant’s ill health on account of his HIV status, I see no difficulty in the transfer of the file from Eldoret to Kisumu. The reason being that since the applicant is currently serving his sentence in Kisumu Prison, it would be more convenient and cost effective to hear the appeal in Kisumu rather than in Eldoret. Not to mention that it would be more humane for the applicant to attend to his appeal in Kisumu instead of travelling the unnecessary distance to Eldoret particularly having regard to his ill health.
I am also inclined to grant leave to extend time to file the intended appeal. In view of the aforegoing, the application to transfer the intended appeal from Eldoret to Kisumu is hereby granted, I order that the intended appeal be filed at Kisumu within the next one (1) month from the date of this order.
Dated and delivered at Kisumu this 22nd day of September, 2015.
A. K. MURGOR
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR