[2000] KECA 77 (KLR)
The court found that the applicant, being incarcerated and without access to personal funds, had sufficiently explained the delay in filing the memorandum of appeal. The applicant's prompt filing of the notice of appeal demonstrated a clear intention to appeal. The court exercised its discretion under Rule 4 of the...
Source-derived case information.
- Citation
- [2000] KECA 77 (KLR)
- Parties
- Applicant: Jeremaiah Wangombe Wachira; Applicant: Andrew Macharia Kiratho; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 24 of 1999
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Memorandum of Appeal
- Outcome
- Application allowed. Leave granted to file memorandum of appeal out of time.
- Judges
- E Owuor
- Legal Topics
- Extension of Time, Appeal Procedure, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremaiah Wangombe Wachira
Applicant
Andrew Macharia Kiratho
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Memorandum of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the memorandum of appeal out of time.
- 2 Whether leave should be granted to file the memorandum of appeal out of time.
Ratio Decidendi
The court found that the applicant, being incarcerated and without access to personal funds, had sufficiently explained the delay in filing the memorandum of appeal. The applicant's prompt filing of the notice of appeal demonstrated a clear intention to appeal. The court exercised its discretion under Rule 4 of the Court of Appeal Rules to grant the extension, recognizing the genuine difficulties faced by prisoners in securing legal representation and pursuing appeals. The absence of objection from the respondent further supported the grant of leave. Accordingly, the applicant was granted leave to file the memorandum of appeal within seven days.
Court Disposition
Application allowed. Leave granted to file memorandum of appeal out of time.
Orders
- The applicant is granted leave to file his memorandum of appeal within seven days from the date of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OWUOR, J.A (IN CHAMBERS)
CRIMINAL APPLICATION NO. NAI. 24 OF 1999
BETWEEN
1. JEREMAIAH WANGOMBE WACHIRA )
2. ANDREW MACHARIA KIRATHO ) ................ APPLICANTS
AND
REPUBLIC ........................................... RESPONDENT
Application for extension of time to file record of appeal out of time from judgment of the High Court of Kenya at Nakuru (Mr. Justice Rimita & Mr. Justice Mulwa) dated 1st October, 1999 in H.C. Criminal Appeal No. 158 of 1997) ******************************
R U L I N G
The application, although not stated has been brought before me under rule 4 of the rules of this Court. The applicant, Jeremaiah Wangombe Wachira, is asking for leave to file his memorandum of appeal out of time. His appeal against conviction and death sentence having been dismissed by the superior court on 1st day of October, 1999.
Mr. Okumu appearing for the state has not objected to the application. The applicant filed his Notice of appeal within time thereby demonstrating his intention to appeal. The reason he gives for not filing his memorandum of appeal in time is that he depended on his relatives who had promised to secure the services of a counsel to follow up the appeal for him. This did not happen hence the delay.
For a person who is in prison with no access to funds of his own, there is a genuine problem of finding money to engage an advocate to follow up an appeal. I am satisfied that the applicant has sufficiently explained the delay in filing his memorandum of appeal. I will grant him the leave sought and order that he files his memorandum of appeal within seven days from today's date.
Dated and delivered at Nairobi this 7th day of February, 2000.
E. OWUOR
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR