[2023] KEHC 2804 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely the inability of his family to raise the advocate's fees. The respondent did not oppose the application. Exercising its discretion under the relevant statutory provision, the court granted the...
Source-derived case information.
- Citation
- [2023] KEHC 2804 (KLR)
- Parties
- Applicant: Anord Kibisu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Judges
- WM Musyoka
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anord Kibisu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against conviction and sentence.
- 2 Whether the delay in filing the appeal was sufficiently explained.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely the inability of his family to raise the advocate's fees. The respondent did not oppose the application. Exercising its discretion under the relevant statutory provision, the court granted the applicant leave to file an appeal out of time against his conviction and sentence in Hamisi PMCCRC No 731 of 2017, allowing him 30 days to do so.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- Leave is granted to Anord Kibisu to file an appeal out of time in respect of Hamisi PMCCRC No 731 of 2017.
- The applicant has 30 days to file the appeal.
Full Case Text
Judgment text and source record
19 paragraphs
Kibisu v Republic (Miscellaneous Criminal Application 10 of 2022) [2023] KEHC 2804 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2804 (KLR)
Republic of Kenya
In the High Court at Vihiga
Miscellaneous Criminal Application 10 of 2022
WM Musyoka, J
March 24, 2023
(formerly Kakamega HC Misc. Criminal Application No. 66 of 2020)
Between
Anord Kibisu
Applicant
and
Republic
Respondent
Ruling
1. The application for determination is the motion, undated, but filed herein on November 18, 2020. The motion does not state what is sought, but the affidavit in support indicates that the applicant seeks for leave to appeal out of time. The applicant explains that he had instructed an advocate to pursue an appeal on his behalf, but the family was unable to raise his fees, hence the delay.
2. The matter has been mentioned several times, before several judges. The respondent does not oppose the motion for grant of leave to file appeal out of time, going by what Ms Chala, for the respondent, informed the court on May 24, 2022.
3. Consequently, I do hereby grant leave to the applicant, Anord Kibisu, to file appeal out of time, in respect of the conviction and sentence in Hamisi PMCCRC No 731 of 2017. He has 30 days to file appeal. I direct the Deputy Registrar to notify him accordingly, through the Kenya Prisons Service. It is so ordered.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF MARCH 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Anord Kibisu, the applicant, in person.Ms. Kagai, instructed by the Director of Public Prosecutions, for the respondent.