[2024] KECA 1350 (KLR)
The court found that the applicant was sentenced on 5th March, 2022, and the notice of appeal was dated 3rd January, 2024. The applicant explained the delay as resulting from lack of legal representation and difficulty in obtaining trial proceedings. The respondent did not oppose the application. The court held that...
Source-derived case information.
- Citation
- [2024] KECA 1350 (KLR)
- Parties
- Applicant: Flora Nduta Maina; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E102 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application for extension of time to appeal allowed.
- Judges
- S ole Kantai
- Legal Topics
- Extension of Time, Appeal Rights, Sentencing, Plea Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Flora Nduta Maina
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against sentence.
- 2 Whether the delay in filing the appeal was inordinate or justified.
- 3 Whether the proposed appeal has arguable grounds.
Ratio Decidendi
The court found that the applicant was sentenced on 5th March, 2022, and the notice of appeal was dated 3rd January, 2024. The applicant explained the delay as resulting from lack of legal representation and difficulty in obtaining trial proceedings. The respondent did not oppose the application. The court held that the delay was not inordinate and, applying the principles from Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, exercised its discretion to grant the extension of time to appeal. The applicant was therefore allowed to file her appeal within 21 days from the date of the ruling.
Court Disposition
Application for extension of time to appeal allowed.
Orders
- Time to file appeal is extended.
- Applicant to file appeal within 21 days of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
Maina v Republic (Criminal Application E102 of 2024) [2024] KECA 1350 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KECA 1350 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Criminal Application E102 of 2024
S ole Kantai, JA
October 3, 2024
[IN CHAMBERS]
Between
Flora Nduta Maina
Applicant
and
Republic
Respondent
(Being an appeal against sentence of the High Court of Kenya at Nanyuki, (Waweru, J.) dated and delivered on 5th March, 2022 in H. C. CR. Case No. 8 of 2020)
Ruling
1. The applicant, Flora Nduta Maina, in the homegrown motion on notice pray; that I allow her to file an appeal out of time and that I be pleased to “fix a close date for the hearing and determination of the appeal.” There are no grounds set out in the support of the motion but in a supporting affidavit, the applicant says that she was the accused person in High Court Criminal Case No. 8 of 2020 at the High Court of Kenya at Nanyuki; that she entered a plea agreement where she had been charged with the offence of manslaughter. She was sentenced to serve 15 years imprisonment. She says that she had no lawyer to assist her and she is a pauper not able to engage the services of a lawyer; that she has been processing trial proceedings in vain which has caused delay and that is why she was unable to file an appeal within the stipulated period.
2. She says that her proposed appeal has high chances of success. She has annexed a draft memorandum of appeal where five grounds of appeal are set out. One of the grounds she proposes to argue on appeal is that the Judge erred in law and fact by meting out a harsh and excessive sentence considering that she did not go through a trial.
3. I have seen written submissions by the respondent where it is said that the respondent does not oppose the application for extension of time.
4. I have considered the application.
5. The principles that apply in an application for leave to extend time are well settled and were set out in the oft cited case of Leo Sila Mutiso v. Rose Hellen Wangari Mwangi [1999] 2 EA 231 as follows:“It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well stated that in general the matters which this Court takes into account in deciding whether to grant an extension of time, are first, the length of the delay, secondly, the reason for the delay, thirdly (possibly) the chances of the appeal succeeding if the application is granted, and fourthly, the degree of prejudice to the respondent if the application is granted."
6. I note here that the applicant was sentenced to 15 years imprisonment on 5th March, 2022. A notice of appeal attached to the application is dated 3rd January, 2024.
7. The office of Director of Public Prosecutions has no objection to my extending time to appeal. I do not think there has been inordinate delay.
8. In those circumstances, I exercise my discretion and extend time to file appeal. Let the applicant file appeal within 21 days of today.
DATED AND DELIVERED AT NYERI THIS 3RD DAY OF OCTOBER, 2024. S. OLE KANTAIJUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR