[2017] KEHC 5207 (KLR)
The court found that the applicant had provided a reasonable explanation for the three-month delay in filing the appeal, namely, that he expected his family to lodge the appeal on his behalf but they failed. Given the lengthy sentence of 30 years imposed on the applicant and the absence of opposition from the...
Source-derived case information.
- Citation
- [2017] KEHC 5207 (KLR)
- Parties
- Appellant: Martin Kimathi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 24 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Kimathi
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the delay of three months in filing the appeal is excusable.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the three-month delay in filing the appeal, namely, that he expected his family to lodge the appeal on his behalf but they failed. Given the lengthy sentence of 30 years imposed on the applicant and the absence of opposition from the respondent, the court considered the application meritorious and granted leave to file the appeal out of time.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- Petition of Appeal to be served upon the Director of Public Prosecutions forthwith.
- An Appeal file to be opened.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLENIOUS CRIMINAL APPLICATION NO. 24 OF 2017
MARTIN KIMATHI …………………………………….. APPELLANT
VERSUS
REPUBLIC ……………………….…………………… RESPONDENT
RULING
I have considered the application. The same is not opposed.
I note that the ground advanced is that the Applicant expected his family to lodge an appeal on his behalf but they failed.
The delay has been of three months considering the sentence metted out of 30 years. I consider the application to be meritorious. I allow the same. Let the Petition of Appeal be served upon the Director of Public Prosecutions (DPP) forthwith and an Appeal file be opened.
This file is closed.
DATED at MERU this 22NDday of MAY, 2017.
A. MABEYA
JUDGE
22/05/2017