[2024] KECA 215 (KLR)
The court granted leave to the applicant to file his appeal out of time because the respondent conceded to the application, making it unnecessary to consider the merits of the application in detail. The court further directed that the applicant's motion for bail pending appeal be listed for hearing before a full...
Source-derived case information.
- Citation
- [2024] KECA 215 (KLR)
- Parties
- Applicant: Issa Kusow Hassan; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E003 of 2023
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application for extension of time to appeal out of time granted; motion for bail pending appeal to be listed for hearing; no order as to costs.
- Judges
- KI Laibuta
- Legal Topics
- Extension of Time, Appeal Out of Time, Bail Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Kusow Hassan
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the applicant's motion for bail pending appeal should be listed for hearing.
- 3 Whether costs should be awarded in the application.
Ratio Decidendi
The court granted leave to the applicant to file his appeal out of time because the respondent conceded to the application, making it unnecessary to consider the merits of the application in detail. The court further directed that the applicant's motion for bail pending appeal be listed for hearing before a full bench, and, considering the nature of the proceedings, made no order as to costs.
Court Disposition
Application for extension of time to appeal out of time granted; motion for bail pending appeal to be listed for hearing; no order as to costs.
Orders
- Leave is granted to the applicant to file his appeal out of time.
- The applicant's motion for bail pending appeal shall be listed for hearing before a full bench of the Court on a date to be fixed at the Registry.
Full Case Text
Judgment text and source record
19 paragraphs
Hassan v Republic (Criminal Application E003 of 2023) [2024] KECA 215 (KLR) (1 March 2024) (Ruling)
Neutral citation: [2024] KECA 215 (KLR)
Republic of Kenya
In the Court of Appeal at Mombasa
Criminal Application E003 of 2023
KI Laibuta, JA
March 1, 2024
Between
Issa Kusow Hassan
Applicant
and
Republic
Respondent
(Being an application for extension of time to Appeal out of time from the Judgment of the High Court of Kenya at Mombasa (A. Ong’injo, J.) delivered on 26th October 2022 in H.C.Cr.A No. E083 of 2021 Criminal Appeal E083 of 2021 )
Ruling
1. When the applicant’s Notice of Motion dated 18th September 2023 came for hearing before me on the GoTo Meeting virtual platform, learned counsel for the applicant, Mr. Taliti, was present, as well as Ms. Ongeti for the State.
2. Even though both counsel were present and prepared to highlight their respective submissions on the applicant’s Motion for:i.leave to appeal from the impugned judgment of the High Court of Kenya at Mombasa (A. Ong’injo, J.) out of time;(ii)orders granting the applicant favourable bail terms pending hearing and determination of this application and of his appeal; and(iii)orders that costs be provided for, Ms. Ongeti for the State conceded the applicant’s Motion for leave to file his appeal out of time.
3. In view of the foregoing, I hereby order and direct that:i.leave be and is hereby granted to the applicant to file his appeal out of time;ii.the applicant’s Motion for bail pending appeal be listed for hearing before a full Bench of this Court on a date to be fixed at the Registry; andiii.in view of the nature of the proceedings herein, I make no orders as to costs.
DATED AND DELIVERED AT MOMBASA THIS 1ST DAY OF MARCH, 2024. DR. K. I. LAIBUTA........................JUDGE OF APPEALI certify that this is a True copy of the originalDEPUTY REGISTRAR