[2025] KEHC 5829 (KLR)

[2025] KEHC 5829 (KLR)

The court found that the Applicant failed to satisfactorily explain the delay in filing the appeal, as required under section 349 of the Criminal Procedure Code. The Applicant did not provide sufficient evidence that he applied for the judgment and proceedings within a reasonable time or that the delay was beyond his control. The court also noted that the application for bail pending appeal was unsupported by material evidence and was made long after both the conviction and the dismissal of the first appeal, suggesting it was an afterthought. Consequently, the court exercised its discretion against the Applicant, dismissing both the application for leave to appeal out of time and the...

Citation
[2025] KEHC 5829 (KLR)
Parties
Appellant: Eliud Mbuthia; Respondent: Republic
Court
High Court
Court Station
High Court at Narok
Jurisdiction
Kenya
Judgment Date
12 May 2025
Case Number
Criminal Appeal 42 of 2017
Procedural Posture
Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time and Bail Pending Appeal
Outcome
application dismissed
Judges
CM Kariuki
Legal Topics
Leave to Appeal Out of Time, Bail Pending Appeal, Robbery With Violence, Firearm Offences, Appellate Jurisdiction, Delay in Filing Appeal
Source Language
English
Criminal Law Leave to Appeal Out of Time Bail Pending Appeal Robbery With Violence Firearm Offences Appellate Jurisdiction Delay in Filing Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Eliud Mbuthia

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time and Bail Pending Appeal

Legal Issues

  1. 1 Whether the Applicant should be granted leave to appeal out of time.
  2. 2 Whether the Applicant should be granted bail pending appeal.

Ratio Decidendi

The court found that the Applicant failed to satisfactorily explain the delay in filing the appeal, as required under section 349 of the Criminal Procedure Code. The Applicant did not provide sufficient evidence that he applied for the judgment and proceedings within a reasonable time or that the delay was beyond his control. The court also noted that the application for bail pending appeal was unsupported by material evidence and was made long after both the conviction and the dismissal of the first appeal, suggesting it was an afterthought. Consequently, the court exercised its discretion against the Applicant, dismissing both the application for leave to appeal out of time and the...

Court Disposition

application dismissed

Orders

  • The application for leave to appeal out of time is dismissed.
  • The application for bail pending appeal is dismissed.