[2018] KEHC 8409 (KLR)
The court found that the applicant's explanation for the three-year delay in seeking leave to appeal out of time was not credible or plausible. While communication breakdowns between the Prisons Department and the court registry can occur, a delay of three years is unreasonably long and not satisfactorily explained....
Source-derived case information.
- Citation
- [2018] KEHC 8409 (KLR)
- Parties
- Applicant: Josephat Murigia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 46 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Appeals Out of Time, Conviction and Sentence, Grievous Harm Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josephat Murigia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient and credible reasons for the inordinate delay of three years in seeking leave to appeal out of time.
- 2 Whether the intended appeal has overwhelming chances of success to warrant extension of time.
Ratio Decidendi
The court found that the applicant's explanation for the three-year delay in seeking leave to appeal out of time was not credible or plausible. While communication breakdowns between the Prisons Department and the court registry can occur, a delay of three years is unreasonably long and not satisfactorily explained. The court also noted that the applicant's case had already been considered by two courts, and there was no compelling reason to grant the extension. Consequently, the court exercised its discretion to refuse the application for extension of time to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for extension of time to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION CASE NO. 46 OF 2017
JOSEPHAT MURIGIA .……….………………..APPLICANT
-VERSUS-
REPUBLIC ………….………….……............RESPONDENT
RULING
1. JOSEPHAT MURIGIA has applied for leave to appeal to the Court of Appeal out of time. He is aggrieved against the judgment of this Court (Hon. Wendoh J.) made on 21st November, 2014 upholding the judgment of the Senior Resident Magistrate’s Court, Marimanti wherein he had been convicted with the offence of grievous harm contrary to Section 234 of the Penal Code and sentenced to 20 years imprisonment.
2. The time for appealing expired on 5th December, 2014. The present application was lodged on 17th November, 2017. There is therefore a delay of three (3) years. That is in all circumstances, inordinate.
3. The reasons advanced for the delay is that there occurred a filing problem between the Prisons Documentation Office and this Court’s registry whereby he was unable to lodge his appeal in time. The Applicant has contended that the intended appeal has overwhelming chances of success.
4. Having considered the case in its entirety, I do not find the reasons advanced for the delay to be credible. While it is not farfetched that, in the normal course of events, there can be breakdown of communication between this Court’s registry and the Prisons Department wherein the applicant is being held, three years in unreasonably long time to wait to seek extension of time. To my mind, the explanation given is not plausible.
5. Further, and what weighed heavily on my decision is that despite the long sentence, the applicant has already had the benefit of his case being considered by two courts. He must have been satisfied with the outcome of the case, the reason for his delay.
6. In the circumstances, I find no reason to grant the extension of time sought.
DATED and DELIVERED at MERU this 24th day of January, 2018.
A. MABEYA
JUDGE