[2015] KECA 702 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the notice of appeal, namely that her family members failed to engage an advocate as promised. In the absence of objection from the respondent and in the interest of justice, the court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2015] KECA 702 (KLR)
- Parties
- Applicant: Marcella Nyabonyi Otieno; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2015
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed.
- Judges
- DK Maraga
- Legal Topics
- Extension of Time, Notice of Appeal, Robbery With Violence, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marcella Nyabonyi Otieno
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file a notice of appeal out of time.
- 2 Whether the delay in filing the notice of appeal was sufficiently explained.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the notice of appeal, namely that her family members failed to engage an advocate as promised. In the absence of objection from the respondent and in the interest of justice, the court exercised its discretion to allow the application for extension of time. The applicant was granted leave to file her notice of appeal within fourteen days from the date of the ruling.
Court Disposition
Application allowed.
Orders
- The applicant shall file her notice of appeal within fourteen days of the date hereof.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, JA (IN CHAMBERS)
CRIMINAL APPLICATION NO. 2 OF 2015
BETWEEN
MERCELLA NYABONYI OTIENO ………………… APPLICANT
AND
REPUBLIC ………………………………………… RESPONDENT
(An Application for extension of time to file Notice of Appeal out of time from the judgment of the High Court of Kenya at Kisii
in
H.C.CR.A. NO. 7 OF 2012)
********************
RULING
1. MARCELLA NYABONYI OTIENO (the applicant) was upon trial for the offence of robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code convicted and sentenced to life imprisonment. Her appeal to the High Court at Kisii was, on 30th December 2013 dismissed. She has applied to this Court for leave to appeal out of time.
2. In the body of her application and affidavit in support, the applicant claims that the failure to appeal in time was occasioned by her family members who promised to engage an advocate for her but did not.
3. As Mr. Majale, learned state counsel, has, in the interest of justice, no objection, I allow the application. The applicant shall file her notice of appeal within fourteen days of the date hereof.
DATED and delivered this 21st day of May, 2015.
D.K. MARAGA
……………………
JUDGE OF APPEAL
I certify that this is a true copy
of the original.
DEPUTY REGISTRAR