[2023] KEHC 18192 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely financial constraints in hiring legal representation. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file the...
Source-derived case information.
- Citation
- [2023] KEHC 18192 (KLR)
- Parties
- Appellant: Jesse Mwenda M’Kiungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E192 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Extension of Time, Appeal Rights, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesse Mwenda M’Kiungu
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 due to financial constraints causing delay.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely financial constraints in hiring legal representation. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file the appeal out of time within fourteen days from the date specified. The absence of opposition from the respondent and the explanation provided by the applicant were deemed adequate to merit the extension sought.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 30/5/2023.
- The respondent to be served with a copy of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
M’kiungu v Republic (Miscellaneous Criminal Case E192 of 2023) [2023] KEHC 18192 (KLR) (Crim) (29 May 2023) (Ruling)
Neutral citation: [2023] KEHC 18192 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E192 of 2023
DR Kavedza, J
May 29, 2023
Between
Jesse Mwenda M’Kiungu
Appellant
and
Republic
Respondent
Ruling
1. I have gone through the applicant’s undated Chamber Summons application and the supporting affidavit thereof. The applicant seeks leave to file the appeal out of time on the ground that his family were to hire an advocate but encountered financial constraints, resulting in the delay of his appeal. I am satisfied that the application is merited. The same is accordingly allowed:a.The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 30/5/2023. b.The respondent to be served with a copy of the ruling.c.File closed.
RULING READ AND DELIVERED IN ABSENCE OF BOTH PARTIES THIS 29TH DAY OF MAY 2023. __________________D. KAVEDZAJUDGE