[2017] KEHC 5300 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely reliance on his family to secure legal representation, which did not materialize. Given the severity of the sentence (life imprisonment) and the absence of opposition from the State, the court...
Source-derived case information.
- Citation
- [2017] KEHC 5300 (KLR)
- Parties
- Applicant: Fredrick Mutua Kinoba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 29 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Mutua Kinoba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time in a criminal matter.
- 2 Whether the delay of about one year in filing the appeal is excusable.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely reliance on his family to secure legal representation, which did not materialize. Given the severity of the sentence (life imprisonment) and the absence of opposition from the State, the court exercised its discretion to allow the application and permit the appeal to be filed out of time.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- The application for leave to file appeal out of time is allowed as prayed.
- The Petition of Appeal is deemed filed within time.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISCELLENIOUS CRIMINAL APPLICATION NO. 29 OF 2017
FREDRICK MUTUA KINOBA..........................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
RULING
I have considered the application and the grounds thereof. I note that the Applicant had expected his family to find a lawyer and lodge an Appeal on his behalf which never happened. There has been a delay of about one (1) year. The application is not opposed by the State.
Taking into consideration the severity of the sentence (life), I hereby allow the application as prayed.
The Petition of Appeal is hereby allowed as filed within time. Let the same be served upon the Director of Public Prosecutions (DPP) forthwith and a Criminal Appeal file be opened for the Applicant.
This file is closed.
DATED at MERU this 18THday of MAY, 2017.
A. MABEYA
JUDGE
18/05/2017