[2015] KECA 71 (KLR)
The court found that the applicant had satisfactorily explained the delay in filing his notice of appeal, as he was in prison and dependent on the prison authorities to file documents on his behalf. The failure to file was not due to any fault of the applicant but rather the inaction of the prison authorities. The...
Source-derived case information.
- Citation
- [2015] KECA 71 (KLR)
- Parties
- Applicant: Julius Ombori Bisieri; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 11 of 2015
- Procedural Posture
- Criminal Application / Application for Leave to File Notice of Appeal Out of Time
- Outcome
- Application allowed; leave granted to file and serve memorandum of appeal within 14 days.
- Legal Topics
- Criminal Appeals, Extension of Time, Prisoner Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Ombori Bisieri
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the notice of appeal out of time.
- 2 Whether leave should be granted to file the appeal out of time.
Ratio Decidendi
The court found that the applicant had satisfactorily explained the delay in filing his notice of appeal, as he was in prison and dependent on the prison authorities to file documents on his behalf. The failure to file was not due to any fault of the applicant but rather the inaction of the prison authorities. The respondent did not oppose the application. Consequently, the court exercised its discretion to grant leave to the applicant to file and serve his memorandum of appeal within 14 days, ensuring that the applicant's right to appeal was not unjustly denied due to circumstances beyond his control.
Court Disposition
Application allowed; leave granted to file and serve memorandum of appeal within 14 days.
Orders
- The applicant is granted leave to file and serve his memorandum of appeal within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. 11 OF 2015
BETWEEN
JULIUS OMBORI BISIERI………………………………….APPLICANT
AND
REPUBLIC…………………………………………………..RESPONDENT
(An Application for leave to file Notice of Appeal out of time from a Judgment of the High Court of Kenya at Kisii, (Maina & Okongo, JJ.) dated 30th January, 2014
in
H.C.CR.A. NO. 264 OF 2010)
***********************
RULING
JULIUS OMBORI BISIERI the applicant has sought leave of this Court to file his appeal out of time. He states in his affidavit in support of the application that when his first appeal was dismissed by the High Court on 30th January 2014, he gave his application for leave to appeal out of time to the prison authorities to file on his behalf but that application, as his advocate Mrs. Asuna has confirmed, was never filed.
I am satisfied that failure to appeal in time has been explained. The applicant is in prison and unless assisted by prison authorities he was unable to file his appeal in time.
As Mr. Ketoo, learned Prosecution. Counsel, also does not oppose this application, I grant the same. The appellant has leave to file and serve his memorandum of appeal within 14 days.
DATED this 21st July, 2015.
D.K.MARAGA
……………………………
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR