[2017] KEHC 4881 (KLR)

[2017] KEHC 4881 (KLR)

The court found that the applicants failed to provide a satisfactory explanation for the delay of over one and a half years in filing the appeal. The reason advanced, that the family failed to appoint a lawyer as promised, was not sufficient to justify such a lengthy delay, particularly given that this was a second...

Source-derived case information.

Citation
[2017] KEHC 4881 (KLR)
Parties
Applicant: David Kaucu Muhika; Applicant: Wilson Mukundi; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Case 10 & 11 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application declined
Judges
A Mabeya
Legal Topics
Leave to Appeal Out of Time, Delay in Filing Appeal
Source Language
en
Criminal Law Leave to Appeal Out of Time Delay in Filing Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Kaucu Muhika

Applicant

Wilson Mukundi

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have provided sufficient reason for the delay in filing the appeal out of time.
  2. 2 Whether the delay of over one and a half years is excusable in the circumstances.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory explanation for the delay of over one and a half years in filing the appeal. The reason advanced, that the family failed to appoint a lawyer as promised, was not sufficient to justify such a lengthy delay, particularly given that this was a second appeal. The court held that the delay was inordinate and unexplained, and therefore declined to grant the application for leave to appeal out of time.

Court Disposition

application declined

Orders

  • The application for leave to appeal out of time is declined.