[2018] KECA 181 (KLR)
The court found that the applicant, who is serving a lengthy prison sentence, provided uncontroverted reasons for the delay in filing the notice of appeal, namely his family's failure to engage a lawyer due to financial constraints. The respondent did not oppose the application. In the interests of justice, the...
Source-derived case information.
- Citation
- [2018] KECA 181 (KLR)
- Parties
- Applicant: Douglas Liyai; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 14 of 2018
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application allowed
- Judges
- AM Githinji
- Legal Topics
- Extension of Time, Notice of Appeal, Conviction Appeal, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Liyai
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice of appeal.
- 2 Whether the interests of justice warrant extension of time to file the notice of appeal.
Ratio Decidendi
The court found that the applicant, who is serving a lengthy prison sentence, provided uncontroverted reasons for the delay in filing the notice of appeal, namely his family's failure to engage a lawyer due to financial constraints. The respondent did not oppose the application. In the interests of justice, the court exercised its discretion to allow the application and extend the time for filing the notice of appeal.
Court Disposition
application allowed
Orders
- Time to file a notice of appeal is extended.
- The applicant shall file the notice of appeal within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E. M. GITHINJI, JA. (IN CHAMBERS)
CRIMINAL APPLICATION NO 14 OF 2018
BETWEEN
DOUGLAS LIYAI............................................APPLICANT
AND
REPUBLIC..................................................RESPONDENT
(Being an Application from the Judgment of the High Court of Kenya
at Kakamegaarising from the Original Criminal Case No. 358 of 2012
at Hamisi Law Courts
in
KAKAMEGA H.C.CR.A. NO. 9 OF 2013)
****************************
RULING
The applicant Douglas Liyai applies for extension of time within which to file a notice of appeal. He was convicted of the offence of defilement and sentenced to 20 years imprisonment on 15th January, 2013.
His appeal to the High Court against conviction and sentence was dismissed sometime in 2016. He attributes the delay to file the appeal to be due to the promise by his family to engage a lawyer to file an appeal on his behalf and which they failed to fulfil due to financial constraints. Ms. Wafula for the respondent does not oppose the application.
As the applicant is serving a long prison term and as the reasons he has given for delay have not been controverted, I allow the application in the interest of justice.
Accordingly, the application is allowed. Time to file a notice of appeal is extended. The applicant to file the notice of appeal within the next fourteen (14) days.
DATED and Delivered at Kisumu this 12th day of November, 2018.
E. M. GITHINJI
..................................
JUDGE OF APPEAL
I certify that this is a true copy
of the original
DEPUTY REGISTRAR