[1998] KECA 183 (KLR)
The court found that the applicant's explanation for the delay was inconsistent and unsubstantiated. The initial reason given in the affidavit was illness, but during the hearing, the applicant introduced a new claim that he had filed the appeal on time and that the court staff failed to process it. The court...
Source-derived case information.
- Citation
- [1998] KECA 183 (KLR)
- Parties
- Appellant: Leonard Saitabau Loukosha; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 7 of 1998
- Procedural Posture
- Criminal Application / Application for Extension of Time
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeal Procedure
- 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 provided sufficient cause for extension of time to file a second appeal.
Ratio Decidendi
The court found that the applicant's explanation for the delay was inconsistent and unsubstantiated. The initial reason given in the affidavit was illness, but during the hearing, the applicant introduced a new claim that he had filed the appeal on time and that the court staff failed to process it. The court considered this new explanation to be an afterthought, as it was not included in the supporting affidavit. The court held that the applicant failed to provide a credible or sufficient reason for the delay in filing the second appeal, and therefore, the application for extension of time 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
1 paragraphs
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 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