[2005] KEHC 1958 (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 1958 (KLR)
- Parties
- Applicant: Jeremiah Ouma Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 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 required that the applicant be allowed to pursue his appeal.
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
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPLICATION NO. 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 APONDIJUDGE
28TH JULY, 2005
Ruling written, read and signed in open Court.
MUGA APONDIJUDGE
28TH JULY, 2005