[2024] KEHC 13829 (KLR)
The court found that the applicant, being unrepresented and unaware of her right to appeal, had established sufficient cause for the delay in filing an appeal. The court emphasized that justice should not be defeated by technicalities, especially where the applicant is in person and may not have known her rights....
Source-derived case information.
- Citation
- [2024] KEHC 13829 (KLR)
- Parties
- Applicant: Christagel Kageliza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Revision Case E094 of 2024
- Procedural Posture
- Revision Application / Ruling on Oral Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- AN Ongeri
- Legal Topics
- Leave to Appeal Out of Time, Right of Appeal, Criminal Sentencing, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christagel Kageliza
Applicant
Republic
Respondent
Procedural Posture
Revision Application / Ruling on Oral Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
- 2 Whether lack of legal representation and knowledge of the right to appeal constitutes sufficient cause for delay.
Ratio Decidendi
The court found that the applicant, being unrepresented and unaware of her right to appeal, had established sufficient cause for the delay in filing an appeal. The court emphasized that justice should not be defeated by technicalities, especially where the applicant is in person and may not have known her rights. The absence of objection from the prosecution further supported the grant of leave. The court concluded that it was in the interest of justice to allow the application for leave to appeal out of time, subject to specific conditions regarding the filing of the memorandum and record of appeal.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant shall file her memorandum of appeal within 30 days from the date of the ruling.
- The record of appeal shall be availed within 30 days once the proceedings have been typed.
Full Case Text
Judgment text and source record
26 paragraphs
Kageliza v Republic (Revision Case E094 of 2024) [2024] KEHC 13829 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13829 (KLR)
Republic of Kenya
In the High Court at Voi
Revision Case E094 of 2024
AN Ongeri, J
November 6, 2024
Between
Christagel Kageliza
Applicant
and
Republic
Respondent
Ruling
1. The Applicant has made an oral application for leave to appeal out of time.
2. The Applicant was sentenced to an aggregate of 7 years imprisonment on 22nd August 2023 for the offences of Burglary contrary to Section 304, stealing from a dwelling house contrary to Section 279 (b) of the Penal Code and handling suspected stolen goods contrary to Section 322 (1) and (2) of the Penal Code.
3. The Applicant said she did not know that she had a right of appeal when she was sentenced.
4. The Applicant also said she has a small child in custody whom she delivered while in prison and another child whom she left with the paternal grandmother of the child.
5. The Prosecuting Counsel has no objection to the oral application for leave to appeal out of time.
6. Article 159 of the Constitution mandates each court and tribunal to dispense justice without undue regard to technicalities of procedure
7. The Applicant is in person and in the absence of legal representation, she may not have been aware that she has a right of appeal.
8. This court has dismissed her application for revision of the sentence on the ground that the same does not lie in the current case since she has a right of appeal.
9. It is therefore the interest of justice to grant the Applicant leave to appeal out of time.
10. The same is accordingly granted on the following conditions:-i.That the Applicant files her memorandum of appeal within 30 days of this date.ii.That the record of appeal is availed within 30 days once the proceedings have been typed in this case.iii.That the registry opens an appeal file forthwith.
11. This case will be mentioned on 17th December, 2024 for direction on the hearing of the appeal.
DATED, SIGNED AND DELIVERED THIS 6TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Maina – Court AssistantProsecutor: Mr. SirimaThe Applicant present at Wundanyi Prison virtually