[2024] KECA 902 (KLR)
The Court found that the applicant's request for leave to file an appeal out of time was merited, particularly as the respondent conceded to the application. The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, 2022, and granted the applicant leave to file a Notice of Appeal within 14 days...
Source-derived case information.
- Citation
- [2024] KECA 902 (KLR)
- Parties
- Applicant: James Sapache Lentante; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal (Application) E008 of 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Judges
- JM Mativo
- Legal Topics
- Extension of Time, Appeals Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Sapache Lentante
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the High Court judgment.
- 2 Whether the respondent consents to the application for extension of time.
Ratio Decidendi
The Court found that the applicant's request for leave to file an appeal out of time was merited, particularly as the respondent conceded to the application. The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, 2022, and granted the applicant leave to file a Notice of Appeal within 14 days and the record of appeal within 30 days from the date of the ruling. The decision was guided by the principles established in Leo Sila Mutiso v Helen Wangari Mwangi, which emphasize the discretionary power of the Court to extend time based on the merits and circumstances of each case.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant shall file a Notice of Appeal within 14 days from the date of this ruling.
- The applicant shall file the record of appeal within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Lentante v Republic (Criminal Appeal (Application) E008 of 2024) [2024] KECA 902 (KLR) (20 June 2024) (Ruling)
Neutral citation: [2024] KECA 902 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Appeal (Application) E008 of 2024
JM Mativo, JA
June 20, 2024
Between
James Sapache Lentante
Applicant
and
Republic
Respondent
(Being an application for leave to file an appeal out of time from the Judgment of the High Court of Kenya at Nyahururu (C.M Kariuki, J.) dated 7th March 2024inHCCRA No. 4 of 2021 Criminal Appeal 4 of 2021 )
Ruling
1. By an application dated March 26, 2024, the applicant, James Sapache Lentante seeks leave to appeal out of time against the judgment issued in HCCRA No. E024 of 2021 on 7rd March 2024. I have read the reasons in support of the application. I not that learned counsel for the respondent in his written submissions concedes to the application. Rule 4 of the Court of Appeal Rules, 2022 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. (See Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA).I have considered the application, the draft Memorandum of Appeal. I am satisfied that the application is merited. Let the applicant file a Notice of Appeal within 14 days and the record of appeal within 30 days from the date of this ruling.
DATED AND DELIVERED AT NAKURU THIS 20TH OF JUNE, 2024. J. MATIVOJUDGE OF APPEAL........................................I certify that this is a true copy of the original.DEPUTY REGISTRAR