[2017] KEHC 4783 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the delay of over one and a half years in filing the second appeal. The reason advanced, that the family failed to appoint a lawyer as promised, was deemed insufficient to justify such a lengthy delay. The court held that the delay...
Source-derived case information.
- Citation
- [2017] KEHC 4783 (KLR)
- Parties
- Appellant: David Kaucu Muhika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 10 of 2017
- Procedural Posture
- Miscellaneous Application / Application for Leave to Appeal Out of Time
- Outcome
- application declined
- Judges
- A Mabeya
- Legal Topics
- Criminal Appeals, Extension of Time, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kaucu Muhika
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
- 2 Whether the delay of over one and a half years in filing the second appeal is excusable.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the delay of over one and a half years in filing the second appeal. The reason advanced, that the family failed to appoint a lawyer as promised, was deemed insufficient to justify such a lengthy delay. The court held that the delay was inordinate and unexplained, and therefore declined to grant the application for extension of time to appeal.
Court Disposition
application declined
Orders
- The application for extension of time to appeal is declined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL NO. 10 OF 2017
DAVID KAUCU MUHIKA....................APPELLANT
VERSUS
REPUBLIC.......................................RESPONDENT
ORDER
I have considered the Supporting Affidavit. The decision sought to be appealed against was delivered on 29h October, 2015. There has been a delay of over one and a half years.
The reason being advanced is that the family failed to appoint a lawyer as promised. Considering this was a second appeal, a delay of one and a half years is unexplained and in ordinate.
The application is accordingly declined.
DATED, THIS 28TH DAY OF JUNE, 2017.
A. MABEYA
JUDGE
28/06/2017