[2024] KECA 849 (KLR)
The Court found that the applicant had satisfactorily explained the delay in filing the appeal, attributing it to administrative delays in obtaining the High Court proceedings and judgment. Given the seriousness of the sentence (death penalty) and the absence of opposition from the respondent, the Court exercised...
Source-derived case information.
- Citation
- [2024] KECA 849 (KLR)
- Parties
- Applicant: Sammy Mwangi Karanja; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E063 of 2024
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Appeal
- Outcome
- Application allowed.
- Judges
- JW Lessit
- Legal Topics
- Extension of Time, Criminal Appeals, Conviction and Sentence, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Mwangi Karanja
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the appeal against conviction and sentence.
- 2 Whether the Court should exercise its discretion under Rule 4 of the Court of Appeal Rules to extend time for filing the appeal.
Ratio Decidendi
The Court found that the applicant had satisfactorily explained the delay in filing the appeal, attributing it to administrative delays in obtaining the High Court proceedings and judgment. Given the seriousness of the sentence (death penalty) and the absence of opposition from the respondent, the Court exercised its discretion under Rule 4 of the Court of Appeal Rules to allow the application for extension of time. The applicant was granted leave to file a Notice of Appeal within fourteen days, and the registry was directed to prepare and serve the Record of Appeal within sixty days, after which the appeal would be set down for hearing.
Court Disposition
Application allowed.
Orders
- The applicant's application for extension of time is allowed.
- The applicant shall file a Notice of Appeal within fourteen (14) days from the date of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Karanja v Republic (Criminal Application E063 of 2024) [2024] KECA 849 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KECA 849 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E063 of 2024
JW Lessit, JA
July 18, 2024
Between
Sammy Mwangi Karanja
Applicant
and
Republic
Respondent
((Being an application for extension of time to file an appeal against the conviction and sentence of the High Court of Kenya at Nakuru (Kimaru, J.) delivered on 4th July 2006 in HCCR No. 17 of 2004)
Ruling
1. Before this Court is a Notice of Motion application by the applicant seeking extension of time to file an appeal against the conviction and sentence of the High Court of Kenya at Nakuru (Kimaru, J.) delivered on 4th July 2006 in Criminal Case No. 17 of 2004, in which he was convicted of murder and sentenced to suffer death. In both the application and his supporting affidavit, the applicant attributes the delay in filing his appeal to delay in being supplied with the High Court’s judgment and proceedings on time. The application is made under Rule 4 of the Court of Appeal Rules.
2. The respondent filed submissions through Mr. A. J. Omutelema, Senior Assistant Director of Public Prosecutions dated 15th July 2024. He does not oppose the application, pointing out the seriousness of the sentence the applicant is serving and the need to give him an opportunity to pursue appeal.
3. Rule 4 of the Court of Appeal Rules governs the extension of time. The Rule allows this Court to exercise discretion to extend the time limited by the Rules for the doing of any act authorized or required by the Rules
4. I have considered the application and find the delay explained as having been caused by slow administrative action to supply the proceedings of the superior court in time for the filing of the appeal before expiry of time limited to do so. In the premises, I find merit in this application.i.I hereby allow the applicant’s undated application as filed in this Court’s registry.ii.The applicant shall file a Notice of Appeal within fourteen (14) days from date hereof.iii.The registry to prepare the Record of Appeal and file it and serve it on the applicant and the respondent within sixty (60) days hereof.iv.The registry shall thereafter place appeal before the Court for hearing.
DATED AND DELIVERED AT ELDORET THIS 18TH DAY OF JULY, 2024J. LESIIT…………………………JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR