[2023] KEHC 17854 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely financial constraints in hiring an advocate. The court exercised its discretion in favour of the applicant, holding that the interests of justice would be served by allowing the application and granting...
Source-derived case information.
- Citation
- [2023] KEHC 17854 (KLR)
- Parties
- Appellant: Opanga Clyde Herman; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E191 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Extension of Time, Appeal Process, Delay in Filing, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Opanga Clyde Herman
Appellant
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 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, namely financial constraints in hiring an advocate. The court exercised its discretion in favour of the applicant, holding that the interests of justice would be served by allowing the application and granting leave to file the appeal out of time.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 30/5/2023.
- The respondent to be served with a copy of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Herman v Republic (Miscellaneous Criminal Case E191 of 2023) [2023] KEHC 17854 (KLR) (Crim) (29 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17854 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E191 of 2023
DR Kavedza, J
May 29, 2023
Between
Opanga Clyde Herman
Appellant
and
Republic
Respondent
Ruling
1. I have gone through the applicant’s undated Notice of Motion application and the supporting affidavit thereof. The applicant seeks leave to file the appeal out of time on the ground that his family were to hire an advocate but encountered financial constraints, resulting in the delay of his appeal. I am satisfied that the application is merited. The same is accordingly allowed:a.The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 30/5/2023. b.The respondent to be served with a copy of the ruling.c.File closed.
RULING READ AND DELIVERED IN ABSENCE OF BOTH PARTIES THIS 29TH DAY OF MAY 2023. D. KAVEDZAJUDGE