[2024] KEHC 11604 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing his appeal, specifically that he was unable to obtain a copy of the judgment and proceedings in time. The absence of evidence of indolence or undue delay on the part of the applicant justified the exercise of the court's...
Source-derived case information.
- Citation
- [2024] KEHC 11604 (KLR)
- Parties
- Applicant: William Oyuoma Katibwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E185 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time to Appeal, Late Filing of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Oyuoma Katibwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing his appeal, specifically that he was unable to obtain a copy of the judgment and proceedings in time. The absence of evidence of indolence or undue delay on the part of the applicant justified the exercise of the court's discretion in his favour. Accordingly, the application for extension of time to file an appeal was allowed, and the applicant was granted 14 days from the date of the ruling to file his memorandum of appeal.
Court Disposition
application allowed
Orders
- The applicant is directed to file his memorandum of appeal within 14 days from the date hereof.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Katibwa v Republic (Miscellaneous Criminal Application E185 of 2024) [2024] KEHC 11604 (KLR) (1 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11604 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E185 of 2024
MS Shariff, J
October 1, 2024
Between
William Oyuoma Katibwa
Applicant
and
Republic
Respondent
Ruling
1. Upon perusal of the notice of motion dated 12. 8.2024 and the affidavit in support thereof I do hereby find merit in the application given that the Applicant has stated that he was not able to obtain a copy of the judgment and proceedings in time for purposes of lodging an appeal.
2. I thus allow this application and I make the following orders:-1. The Applicant is directed to file his memorandum of appeal within 14 days from the date hereof.2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 1ST DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE