[2024] KECA 1796 (KLR)
The Court found that the applicant had provided sufficient reasons for the delay in filing the appeal, including not being furnished with proceedings and judgment in time. The respondent did not oppose the application and acknowledged the lengthy sentence. Applying the principles governing the exercise of discretion...
Source-derived case information.
- Citation
- [2024] KECA 1796 (KLR)
- Parties
- Applicant: Daniel Kipkemoi Maritim; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E183 of 2024
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed.
- Judges
- PM Gachoka
- Legal Topics
- Leave to Appeal Out of Time, Murder Conviction, Sentence Appeal, Judicial Discretion
- 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
Daniel Kipkemoi Maritim
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant leave to appeal out of time against conviction and sentence.
- 2 Whether the delay in filing the appeal was explained satisfactorily.
- 3 Whether the interests of justice require the grant of leave in the circumstances.
Ratio Decidendi
The Court found that the applicant had provided sufficient reasons for the delay in filing the appeal, including not being furnished with proceedings and judgment in time. The respondent did not oppose the application and acknowledged the lengthy sentence. Applying the principles governing the exercise of discretion under Rule 4 of the Court of Appeal Rules, the Court held that the threshold for granting leave to appeal out of time had been met. The interests of justice favored allowing the application, and the applicant was granted leave to file the notice of appeal within 14 days and the record of appeal within 30 days thereafter.
Court Disposition
Application allowed.
Orders
- The applicant shall file his notice of appeal within 14 days from the date of the ruling.
- The record of appeal shall be filed within 30 days thereafter.
Full Case Text
Judgment text and source record
21 paragraphs
Maritim v Republic (Criminal Application E183 of 2024) [2024] KECA 1796 (KLR) (6 December 2024) (Ruling)
Neutral citation: [2024] KECA 1796 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E183 of 2024
PM Gachoka, JA
December 6, 2024
Between
Daniel Kipkemoi Maritim
Applicant
and
Republic
Respondent
((An application for leave to appeal out of time against the conviction and sentence from the judgment of the High Court of Kenya at Kericho (Ongeri, J.) delivered on 16{{^th}} February 2023 in HCCRC No. 17 of 2017))
Ruling
1. By Notice of Motion dated 16th August 2024, the applicant seeks leave of this Court to appeal out of time against the conviction and sentence of the Kericho High Court in HCCRC No. 17 of 2017. The applicant was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon hearing the case, Ongeri, J. convicted the applicant and sentenced him to 30 years’ imprisonment on 16th February 2023.
2. {}The applicant is aggrieved with those findings. He filed the present application supported by his undated affidavit, memorandum of appeal and notice of appeal to argue that his prayer for leave to appeal out of time was merited on account of the following reasons: the sentence meted out was harsh and excessive; his defence was not considered; the ingredients to the offence had not been established to the required standard; and he was not furnished with the proceedings and judgment in good time to enable him appeal on time.
3. The state filed its written submissions dated 14th November 2024. Senior Assistant Director of Public Prosecutions Mr. Omutelema urged this Court to allow the application since the sentence meted out was lengthy.
4. In Paul Wanjohi Mathenge vs. Duncan Gichane Mathenge [2013] KECA 199 (KLR), this Court held as follows regarding the powers donated under rule 4 of this Court’s rules; the provision the application is hinged upon:“The discretion under Rule 4 is unfettered, but it has to be exercised judicially, not on whim, sympathy or caprice. I take note that in exercising my discretion I ought to be guided by considerationof the factors stated in previous decisions of this Court including, but not limited to, the period of delay, the reasons for the delay, the degree of prejudice to the respondent and interested parties if the application is granted, and whether the matter raises issues of public importance.”
5. {}I have considered the reason advanced by the applicant, the respondent’s submissions and the law. I find that the application has met the threshold donated by this Court in exercise of its jurisdiction. Consequently, I direct the applicant to file his notice of appeal within 14 days from today’s date. Thereafter, the record of appeal shall be filed within 30 days.
DATED AND DELIVERED AT NAKURU THIS 6TH DAY OF DECEMBER 2024. M. GACHOKA C.ARB, FCIARB.......................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDeputy Registrar