[2017] KEHC 5231 (KLR)

[2017] KEHC 5231 (KLR)

The court found that although there was a significant delay of three years in bringing the application, the applicant had provided an explanation for the delay, namely reliance on relatives who failed to act. The State did not oppose the application, and the court considered the severity of the sentence (life...

Source-derived case information.

Citation
[2017] KEHC 5231 (KLR)
Parties
Applicant: John Marete; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
18 May 2017
Case Number
Miscellaneous Criminal Application 28 of 2017
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal
Outcome
application allowed
Judges
A Mabeya
Legal Topics
Extension of Time, Appeals, Delay in Filing, Life Sentence
Source Language
english
Criminal Law Extension of Time Appeals Delay in Filing Life Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

John Marete

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an appeal out of time.
  2. 2 Whether the delay of three years in filing the application is excusable.

Ratio Decidendi

The court found that although there was a significant delay of three years in bringing the application, the applicant had provided an explanation for the delay, namely reliance on relatives who failed to act. The State did not oppose the application, and the court considered the severity of the sentence (life imprisonment) as a compelling reason to grant the applicant a second chance. In the interests of justice, the court exercised its discretion to allow the application and deemed the petition of appeal as filed within time.

Court Disposition

application allowed

Orders

  • The application is allowed as prayed.
  • The Petition of Appeal is deemed as filed within time and shall be served upon the Director of Public Prosecutions forthwith.