[2018] KEHC 113 (KLR)

[2018] KEHC 113 (KLR)

The court found that the applicant was supplied with the typed proceedings and judgment on 12th June 2018 and filed the application for leave to appeal out of time only 10 days later. The court held that this period was not unreasonable, considering the need to obtain documents and instruct counsel. The court emphasized the constitutional right to access justice, which includes the right to appeal, and found that the delay was excusable and not inordinate. Consequently, the court granted the applicant 14 days from the date of the ruling to file the appeal, finding no prejudice to the respondent.

Citation
[2018] KEHC 113 (KLR)
Parties
Applicant: James Gitonga Mbaka; Respondent: Republic
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
27 September 2018
Case Number
Criminal Miscellaneous Application 20 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Judges
BB Limo
Legal Topics
Leave to Appeal Out of Time, Criminal Conviction Appeal, Extension of Time, Right of Appeal
Source Language
English
Criminal Law Civil Procedure Leave to Appeal Out of Time Criminal Conviction Appeal Extension of Time Right of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

James Gitonga Mbaka

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time against the judgment of the lower court.
  2. 2 Whether the delay in filing the appeal was reasonable and excusable under the law.

Ratio Decidendi

The court found that the applicant was supplied with the typed proceedings and judgment on 12th June 2018 and filed the application for leave to appeal out of time only 10 days later. The court held that this period was not unreasonable, considering the need to obtain documents and instruct counsel. The court emphasized the constitutional right to access justice, which includes the right to appeal, and found that the delay was excusable and not inordinate. Consequently, the court granted the applicant 14 days from the date of the ruling to file the appeal, finding no prejudice to the respondent.

Court Disposition

application allowed

Orders

  • The applicant is granted 14 days from today to file the appeal.