[2018] KEHC 8642 (KLR)
The court found that the applicant's explanation for the delay—reliance on relatives to hire an advocate—was not credible or plausible, especially given the nearly two-year lapse before filing the application. The court further noted that the applicant may have been satisfied with the decisions of the lower courts,...
Source-derived case information.
- Citation
- [2018] KEHC 8642 (KLR)
- Parties
- Applicant: J K N; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 2 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Appeals, Incest Offence, Sentencing, Conviction Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K N
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 and credible reasons for the inordinate delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in light of the circumstances and reasons advanced.
Ratio Decidendi
The court found that the applicant's explanation for the delay—reliance on relatives to hire an advocate—was not credible or plausible, especially given the nearly two-year lapse before filing the application. The court further noted that the applicant may have been satisfied with the decisions of the lower courts, which could explain the lack of urgency in pursuing an appeal. The inordinate and unexplained delay, coupled with unconvincing reasons, did not warrant the exercise of the court's discretion to grant leave to appeal out of time. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- Leave to appeal out of time is denied.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION CASE NO. 2 OF 2018
J. K. N...................................................APPLICANT
VERSUS
REPUBLIC......................................RESPONDENT
RULING
1. J K N has applied for leave to appeal out of time. He is aggrieved against the judgment of this Court (Hon. Wendoh J.) made on 25th February, 2016 upholding the judgment of the Senior Resident Magistrate’s Court, Githongo wherein he had been convicted with the offence of incest contrary to Section 20 (1) of the Sexual OffencesAct and sentenced to life imprisonment..
2. The time for appealing expired on 11th March, 2016. He lodged the present application on 9th January, 2018. There is therefore a delay of one (1) year and ten (10) months. That is in all circumstances, inordinate.
3. The reasons advanced for the delay is that the relatives of the applicant had promised to hire an Advocate for him to prefer an appeal to the Court of Appeal but they did not. That as a result he was not able to appeal in time. The Applicant has contended that the intended appeal has overwhelming chances of success.
4. Having considered the case in its entirety, I find the reasons advanced for the delay not to be credible. It is not feasible that a family that had promised to hire an Advocate could fail to do so and the applicant wait for nearly two years to prefer the present application. To my mind, that is not plausible explanation.
5. I have considered the long sentence metted out to the applicant. The applicant may have been satisfied with the decisions of the two courts and that is why he may have lost interest in appealing to the Court of Appeal.
6. Accordingly, leave is denied.
DATED and DELIVERED at MERU this 24th day of January, 2018.
A. MABEYA
JUDGE