[2017] KEHC 4803 (KLR)
The court found that the delay of over six years in seeking leave to appeal was inordinate and not excusable. The explanation provided, namely that the family was expected to appoint an advocate but failed to do so, was not sufficient to justify such a prolonged delay. The court held that such a lengthy delay cannot...
Source-derived case information.
- Citation
- [2017] KEHC 4803 (KLR)
- Parties
- Appellant: Martin Mugambi Karigwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 12 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application declined
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mugambi Karigwa
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay of over six years in seeking leave to appeal out of time.
Ratio Decidendi
The court found that the delay of over six years in seeking leave to appeal was inordinate and not excusable. The explanation provided, namely that the family was expected to appoint an advocate but failed to do so, was not sufficient to justify such a prolonged delay. The court held that such a lengthy delay cannot be overlooked and does not meet the threshold for granting leave to appeal out of time under the applicable legal principles.
Court Disposition
application declined
Orders
- The application for leave to appeal out of time is declined.
- Application be served with the ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION NO. 12 OF 2017
MARTIN MUGAMBI KARIGWA ……… APPELLANT
VERSUS
REPUBLIC …………………………… RESPONDENT
ORDER
I have considered the Affidavit in Support. The delay is of over six (6) years as the decision sought to be appealed against was made on 23/3/2011. The reasons given are that the family was expected to appoint an Advocate which it failed. To my mind six years is too long a time or delay to overlook.
The application s declined. Application be served with the ruling.
DATED, THIS 28TH DAY OF JUNE, 2017.
A. MABEYA
JUDGE
28/06/2017