[2024] KECA 909 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal and that the respondent did not oppose the application. Exercising its discretion under Rule 4 of the Court of Appeal Rules, 2022, the court allowed the application for extension of time, permitting the applicant...
Source-derived case information.
- Citation
- [2024] KECA 909 (KLR)
- Parties
- Appellant: Simon Njuguna Mathenge; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal (Application) E007 of 2024
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Appeal
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Judges
- JM Mativo
- Legal Topics
- Extension of Time, Appeals Process, Robbery With Violence, Sentencing, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Njuguna Mathenge
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / 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 the High Court judgment.
- 2 Whether the applicant has provided sufficient reasons for the delay in filing the appeal.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal and that the respondent did not oppose the application. Exercising its discretion under Rule 4 of the Court of Appeal Rules, 2022, the court allowed the application for extension of time, permitting the applicant to file a Notice of Appeal within 14 days and a Record of Appeal within 30 days from the date of the ruling.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant shall file a Notice of Appeal within 14 days from the date of this ruling.
- The applicant shall file a Record of Appeal within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Mathenge v Republic (Criminal Appeal (Application) E007 of 2024) [2024] KECA 909 (KLR) (20 June 2024) (Ruling)
Neutral citation: [2024] KECA 909 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Appeal (Application) E007 of 2024
JM Mativo, JA
June 20, 2024
Between
Simon Njuguna Mathenge
Appellant
and
Republic
Respondent
(Being an application for leave to file an appeal out of time from the Judgment of the High Court of Kenya at Nyahururu (C.M Kariuki, J.) dated 7th March 2024 in HCCRA No. 4 of 2021 Criminal Case No. 1336 of 2016)
Ruling
1. The applicant, Simon Njuguna Mathenge moved this Court by an application dated 26th March 2024 seeking extension of time to appeal to appeal against the judgment issued in HCCRA No. E024 of 2021 on 3rd November 2023.
2. The applicant, Simon Njuguna Mathenge, together with four others were charged before the Senior Resident Magistrate Court in Criminal Case No. 1326 of 2016 at Nyahururu with nine counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The appellant was sentence to death on count 2 and 3, on count 5, 6 and 7, the applicant was sentenced to life imprisonment and on count 8 the appellant was sentenced to 10 years which were held in abeyance.
3. His appeal against conviction and sentence was dismissed and the sentence by the Senior Resident Magistrate affirmed. He was unable to lodge his appeal within time owing to the reasons stated in his application. He now seeks leave to appeal out of time.
4. Mr. Omutelema, learned counsel for the respondent has in his submissions supported the application. I agree with learned counsel that the applicant deserves this Court’s discretion under Rule 4 of the Court of Appeal Rules, 2022. Accordingly, I allow the application and direct the applicant to file a Notice of Appeal within 14 days and a Record of Appeal within 30 days from the date of this ruling.
DATED AND DELIVERED AT NAKURU THIS 20TH OF JUNE, 2024. J. MATIVO.................................JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR