[2019] KEHC 10804 (KLR)
The court held that the applicant failed to provide any of the statutory grounds required under Section 349 of the Criminal Procedure Code to justify the extension of time to file an appeal. The applicant's explanation, based on reliance on a relative to hire an advocate and lack of fees, did not meet the legal...
Source-derived case information.
- Citation
- [2019] KEHC 10804 (KLR)
- Parties
- Applicant: Geoffrey Kyalo Mativo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 70 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- CM Kariuki
- Legal Topics
- Extension of Time, Criminal Appeals, Delay in Filing, Grounds for Extension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kyalo Mativo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether the grounds advanced by the applicant meet the threshold under Section 349 of the Criminal Procedure Code for extension of time.
Ratio Decidendi
The court held that the applicant failed to provide any of the statutory grounds required under Section 349 of the Criminal Procedure Code to justify the extension of time to file an appeal. The applicant's explanation, based on reliance on a relative to hire an advocate and lack of fees, did not meet the legal threshold. Furthermore, the delay of seven months was not explained satisfactorily. Consequently, the court declined to grant the prayers sought and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for leave to file an appeal out of time is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HC MISC CR APPL. NO. 70 OF 2018
GEOFFREY KYALO MATIVO.........................................APPLICANT
-VERSUS-
REPUBLIC.......................................................................RESPONDENT
RULING
1. The Applicant was charged with an offence of obtaining money by false pretence contrary to Section 313 of the Penal Code.
2. Particulars being that on 21st and 23rd August, 2017 at Malili Shopping Centre, in Mukaa Sub-County within Makueni County, with intent to defraud obtained from JEREMIAH LESARON the sum of Kshs. 72,000/= by falsely pretending to lease him a portion of land for grazing to JEREMIAH LESARON a fact they knew was false.
3. The Applicant pleaded not guilty and matter went into a full trial. He was later found guilty convicted and after mitigation sentenced to pay a fine of Kshs. 100,000/= in default serve 2 years imprisonment on 02/02/2018.
4. After 7 months also on 17/09/2018 the Applicant lodged Application in which he sought to file appeal out of time.
5. He relied on the ground that his unnamed relative promised to hire an advocate to pursue appeal but he realised that they lacked fees to do so.
6. The provisions of Section 349 CPC allows extension of time to lodge appeal out of time if Applicant demonstrate that the delay in supply of judgement or order occasioned the lateness in filing an appeal within time.
7. None of the above grounds stipulated above is cited as the reason for delay in filing the appeal within 14 days as required by the law.
8. The delay of 7 months also is not explained. Thus the court declines to grant prayers sought.
9. Application is thus dismissed.
SIGNED, DATED AND DELIVERED THIS 28TH DAY OF JANUARY, 2019 IN OPEN COURT.
................................
HON. C. KARIUKI
JUDGE