[2005] KEHC 1914 (KLR)
The court exercised its discretion to grant leave to the applicant to file his appeal out of time, considering the explanation provided for the delay and the absence of opposition from the state. The applicant's reliance on relatives to file the appeal, which was not done, constituted sufficient cause for the delay....
Source-derived case information.
- Citation
- [2005] KEHC 1914 (KLR)
- Parties
- Applicant: Jeremiah Ouma Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 124 of 2004
- Procedural Posture
- Criminal Application / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Legal Topics
- Extension of Time, Criminal Appeals, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Ouma Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / 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.
Ratio Decidendi
The court exercised its discretion to grant leave to the applicant to file his appeal out of time, considering the explanation provided for the delay and the absence of opposition from the state. The applicant's reliance on relatives to file the appeal, which was not done, constituted sufficient cause for the delay. The interests of justice warranted granting the extension to allow the appeal to be heard on its merits.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted 21 days leave to file the appeal out of time.
- The appeal will be heard on 13th October, 2005.
Full Case Text
Judgment text and source record
3 paragraphs
N THE HIGH COURT OF KENYA AT NAKURU Crim Appli 124 of 2004 (In the matter of an intended appeal) Between JEREMIAH OUMA ODUOR…………………………………APPLICANT And REPUBLIC……………………………………………….….RESPONDENT RULING
The applicant has applied for leave to file his appeal out of time. He has explained that though the relatives were supposed to file the same for him, they never did so. The state, through Mr. Gumo, Assistant Deputy Public Prosecutor has not opposed the application. In view of the above, the applicant is hereby granted 21 days leave to file the appeal out of time. Appeal will be heard on 13th October, 2005. MUGA APONDI JUDGE 28TH JULY, 2005
Ruling written, read and signed in open Court. MUGA APONDI JUDGE 28TH JULY, 2005