[2000] KECA 159 (KLR)
The court held that denying the applicant leave to appeal would be unjust, particularly because his appeal to the superior court was summarily rejected without a hearing, thus depriving him of the right to be heard. The court acknowledged the delay of approximately six months in bringing the motion but found that,...
Source-derived case information.
- Citation
- [2000] KECA 159 (KLR)
- Parties
- Applicant: Jackson Nguru Mirugi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 21 of ??
- Procedural Posture
- Criminal Application / Ruling on Application for Leave to Appeal
- Outcome
- Application allowed.
- Legal Topics
- Right to Be Heard, Leave to Appeal, Summary Rejection of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Nguru Mirugi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to appeal after his appeal was summarily rejected by the superior court without being heard.
- 2 Whether the delay in bringing the motion should bar the applicant from being granted leave.
Ratio Decidendi
The court held that denying the applicant leave to appeal would be unjust, particularly because his appeal to the superior court was summarily rejected without a hearing, thus depriving him of the right to be heard. The court acknowledged the delay of approximately six months in bringing the motion but found that, in the interests of justice and considering the applicant's incarceration, the delay should not preclude the granting of leave. The court emphasized the importance of allowing the applicant to challenge the order that deprived him of his right to be heard, and thus allowed the motion for leave to appeal.
Court Disposition
Application allowed.
Orders
- The applicant shall file his notice of appeal, if not already filed, within fourteen days of the date hereof. If already lodged, the notice is validated from the date of lodgment.
- The applicant shall file his record of appeal within 45 days of the date hereof. If already lodged, the record is validated from the date of lodgment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NYERI
CORAM: OMOLO, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI 21 OF 2000
BETWEEN
JACKSON NGURU MIRUGI ...................................APPLICANT
AND
REPUBLIC ...............................................RESPONDENT
R U L I N G
I do not think it would be right for me to deny the applicant the leave he seeks particularly in view of the fact that his appeal to the superior court was summarily rejected and the effect of that is that he was not given a chance to be heard by that Court. He is in prison and of necessity there would be delays along the way. The applicant intends to challenge the fact that the superior court did not give him a chance to be heard. It would be too much to deny him even the chance to challenge the order depriving him of his right to be heard.
I have take into account that the applicant took some six or so months to bring this motion, but having done so, I am still of the view that I should allow his motion dated the 15th March, 2000 and lodged in court on 27th June, 2000. Accordingly, I allow the motion and make the following orders: (1)The applicant shall file his notice of appeal if not already filed, within fourteen days of the date hereof. In case a notice of appeal has been lodged, the same is now validated from the date when it was lodged.
(2)The applicant shall file his record of appeal within 45 days of the date hereof. In case the record has already been lodged, the same is validated from the date of its lodgment. These shall be my orders in the matter.
Dated and delivered at Nyeri this 25th day of October, 2000.
R. S. C. OMOLO
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR