[2023] KEHC 2581 (KLR)
The court found that the applicant had satisfactorily explained the reason for the delay in filing the appeal, namely lack of funds, and that the state did not oppose the application. The court exercised its discretion to allow the application, holding that the interests of justice would be served by granting leave...
Source-derived case information.
- Citation
- [2023] KEHC 2581 (KLR)
- Parties
- Applicant: Abdikadir Abdullahi Hassan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E021 of 2022
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- JN Onyiego
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdikadir Abdullahi Hassan
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the reason for the delay in filing the appeal, namely lack of funds, and that the state did not oppose the application. The court exercised its discretion to allow the application, holding that the interests of justice would be served by granting leave to appeal out of time. Consequently, the application was allowed, and the appeal was admitted for hearing.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Leave to appeal out of time is granted.
- The appeal is admitted.
Full Case Text
Judgment text and source record
19 paragraphs
Hassan v Republic (Criminal Appeal E021 of 2022) [2023] KEHC 2581 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2581 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Appeal E021 of 2022
JN Onyiego, J
March 27, 2023
Between
Abdikadir Abdullahi Hassan
Applicant
and
Republic
Respondent
Ruling
1. I have considered the chamber summons application herein which is not dated, seeking leave to appeal out of time. According to the applicant/appellant he had no money to process the appeal. The state does not oppose the application. judgment was delivered on April 26, 2022 and sentence meted out on May 4, 2022. The appeal was filed on May 31, 2022 which was outside the 14 days within which a criminal appeal is allowed to be filed.
2. However, the course for the delay has been explained to the court’s satisfaction. The same is not opposed.
3. Accordingly, application is allowed and leave to appeal out of time granted.
4. The appeal herein is admitted, parties to file submissions within 21 days. Highlighting on May 22, 2023.
RULING READ, DELIVERED IN OPEN COURT THIS 27TH DAY OF MARCH, 2023. J N ONYIEGOJUDGEIn the Presence of:Appellant/ ApplicantMr Kihara for the state.Martin/ Mohamed- Court Assistant.J N ONYIEGOJUDGE