[2017] KEHC 518 (KLR)
The court found that the delay of 7 days in filing the appeal was not inordinate and that the applicant had provided sufficient reason for the delay. In exercising its discretion, the court allowed the application, deeming the Petition of Appeal as filed within time and directing that it be served upon the Director...
Source-derived case information.
- Citation
- [2017] KEHC 518 (KLR)
- Parties
- Applicant: John Mwiti Kiriangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 17 of 2017
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwiti Kiriangi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal.
- 2 Whether the delay of 7 days in filing the appeal is excusable.
Ratio Decidendi
The court found that the delay of 7 days in filing the appeal was not inordinate and that the applicant had provided sufficient reason for the delay. In exercising its discretion, the court allowed the application, deeming the Petition of Appeal as filed within time and directing that it be served upon the Director of Public Prosecutions. The court further ordered the opening of an appeal file and closure of the miscellaneous file.
Court Disposition
application allowed
Orders
- The Petition of Appeal annexed to the Motion is deemed as having been filed within time.
- The Petition of Appeal shall be served upon the Director of Public Prosecutions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS CRIMINAL CASE NO. 17 OF 2017
(in the matter of an intended Appeal
Between
JOHN MWITI KIRIANGI..................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
I have considered the application and the Supporting Affidavit. I have considered the reason advanced for the delay. I have noted that the decision sought to be appealed was made on 1st March, 2017 and the Applicant came to Court on 22nd March, 2017, a delay of 7 days only. Taking into consideration all the foregoing, I allow the application as prayed.
The Petition of Appeal annexed to the Motion is hereby deemed as having been filed within time. The same be served upon the Director of Public Prosecutions (DPP).
The Registry do open an appeal file and this file be closed.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF MAY, 2017.
A. MABEYA
JUDGE
04/04/2017