[2023] KEHC 19062 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically citing financial constraints that prevented the timely engagement of legal counsel. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application,...
Source-derived case information.
- Citation
- [2023] KEHC 19062 (KLR)
- Parties
- Applicant: Manases Ndungu Githiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E173 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Manases Ndungu Githiru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time due to financial constraints causing delay.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically citing financial constraints that prevented the timely engagement of legal counsel. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file the appeal out of time within the specified period. The court further directed the Officer in Charge at Kamiti Medium to collect a typed order and ordered service of the ruling on the respondent.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the appeal out of time within fourteen (14) days from 22/6/2023 and not later than 6/7/2023, failure to which the order shall lapse.
- A typed order to be collected by the Officer in Charge (OIC) Kamiti Medium.
Full Case Text
Judgment text and source record
17 paragraphs
Githiru v Republic (Miscellaneous Criminal Case E173 of 2023) [2023] KEHC 19062 (KLR) (Crim) (21 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19062 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E173 of 2023
DR Kavedza, J
June 21, 2023
Between
Manases Ndungu Githiru
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the undated Chamber Summons and the supporting affidavit of the applicant thereof. The applicant seeks leave to file an appeal out of time on the ground that his family was unable to hire an advocate due to financial constraints, resulting in the delay of his appeal. I am satisfied that the application is merited. The same is accordingly allowed as follows:a.The applicant is granted leave to file the appeal out of time within fourteen (14) days from 22/6/2023 and not later than 6/7/2023, failure to which the order of this Court shall automatically lapse.b.A typed order be collected by the Officer in Charge (OIC) Kamiti Medium.c.The respondent to be served with a copy of the ruling.d.File closed.
RULING DATED DELIVERED VIRTUALLY THIS 21ST DAY OF JUNE 2023. D. KAVEDZAJUDGE