[1998] KECA 147 (KLR)
The court found that the applicant's explanation for the delay in filing the appeal was inconsistent and not credible. The initial reason given was illness, but upon inquiry, the applicant claimed to have filed the appeal on time and blamed the court staff for not processing it. The court held that if this were...
Source-derived case information.
- Citation
- [1998] KECA 147 (KLR)
- Parties
- Appellant: Leonard Saitabau Loukosha; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 7 of 1998
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- application dismissed
- Judges
- RO Kwach
- Legal Topics
- Extension of Time, Appeal Procedure, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Saitabau Loukosha
Appellant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file a second appeal.
Ratio Decidendi
The court found that the applicant's explanation for the delay in filing the appeal was inconsistent and not credible. The initial reason given was illness, but upon inquiry, the applicant claimed to have filed the appeal on time and blamed the court staff for not processing it. The court held that if this were true, it would have been included in the supporting affidavit. The court concluded that the explanation was an afterthought and did not amount to sufficient cause to warrant the exercise of discretion to extend time. Consequently, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for extension of time to file a second appeal is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
RE[UBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(Coram: Kwach, J.A. (IN CHAMBERS)
CRIMINAL APPLICATION NO. 7 OF 1998
BETWEEN
LEONARD SAITABAU LOUKOSHA...............................APPELLANT
AND
REPUBLIC...................................................................RESPONDENT
(Appeal from a conviction and sentence of the High Court of Kenya at Nakuru (Mr. Justice D.M. Rimita) dated 20th June, 1997
in
H.C. CR. APPEAL NO. 187 OF 1996)
****************************
RULING
This is an application for extension of time to file a second appeal. In the supporting affidavit the applicant says that he did not lodge an appeal because he fell ill.
But in response to my inquiry as to why he did not do so, he now says that he filed his appeal immediately after 20th June, 1997 and handed it in at the reception, but the people there sat on it. I think this is an afterthought because if it was true it would have been included in his supporting affidavit.
I find no merit in this application. It is accordingly dismissed.
Dated and delivered at Nakuru this 21st day of September, 1998.
R.O. KWACH
................
JUDGE OF APPEAL