[2025] KEHC 9387 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely his inability to raise funds to instruct an advocate. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file...
Source-derived case information.
- Citation
- [2025] KEHC 9387 (KLR)
- Parties
- Applicant: Jackson Mwanzia Makumbi; Respondent: Office of the Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E016 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- TM Matheka
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Mwanzia Makumbi
Applicant
Office of the Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Miscellaneous 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.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely his inability to raise funds to instruct an advocate. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file and serve the appeal out of time within 30 days of being supplied with the lower court record.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file and serve the appeal out of time within 30 days of being supplied with the lower court record.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Makumbi v Office of the Director of Public Prosecutions (Criminal Miscellaneous Application E016 of 2025) [2025] KEHC 9387 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEHC 9387 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Miscellaneous Application E016 of 2025
TM Matheka, J
May 5, 2025
Between
Jackson Mwanzia Makumbi
Applicant
and
Office of the Director of Public Prosecutions
Respondent
Ruling
1. The applicant has by Notice of Motion dated 6/4/2025 sought leave to file appeal out of time.
2. The application is supported by his affidavit which gives reasons for the delay – inability to raise funds for advocate.
3. I have considered the application and the affidavit in support.
4. The application is allowed.
5. The applicant has leave to file and serve the appeal out of time- within 30 days of being supplied with the lower court record - orders accordingly.
6. File closed.
DATED, SIGNED AND DELIVERED ON 5TH MAY 2025 MUMBUA T MATHEKAJUDGECA ChrispolSIGNED BY: LADY JUSTICE MATHEKA, TERESIA MUMBUA