[2017] KEHC 5181 (KLR)
The court found that the applicant's explanation for the 8-day delay in filing the appeal was reasonable and that there was no objection from the respondent. The delay was not inordinate, and the interests of justice favored granting the extension. The application was therefore allowed, and the petition of appeal...
Source-derived case information.
- Citation
- [2017] KEHC 5181 (KLR)
- Parties
- Applicant: Juliet Gacheri Gikunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 31 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Criminal Appeals, Delay in Filing, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliet Gacheri Gikunda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal.
- 2 Whether the application for extension of time to appeal should be granted.
Ratio Decidendi
The court found that the applicant's explanation for the 8-day delay in filing the appeal was reasonable and that there was no objection from the respondent. The delay was not inordinate, and the interests of justice favored granting the extension. The application was therefore allowed, and the petition of appeal was ordered to be served upon the Director of Public Prosecutions, with an appeal file to be opened.
Court Disposition
application allowed
Orders
- The application for extension of time to appeal is allowed.
- The Petition of Appeal shall be served upon the Director of Public Prosecutions forthwith.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLENIOUS CRIMINAL APPLICATION NO. 31 OF 2017
JULIET GACHERI GIKUNDA ………………….APPLICANT
VERSUS
REPUBLIC …………………….………….....RESPONDENT
RULING
I have considered the application. The same is not objected to. The reasons given for the delay is that the Applicant expected her family to lodge the appeal for her which never happened.
I note that the sentence was passed on 11/4/2017 and the application was filed on 3/5/2017. The delay was for 8 days only.
I am satisfied that the application is meritorious and I allow the same.
The Petition of Appeal be served upon the Director of Public Prosecutions forthwith and a file for appeal be opened.
This file is accordingly, closed.
DATED at MERU this 22NDday of MAY, 2017.
A. MABEYA
JUDGE
22/05/2017