[2024] KECA 1352 (KLR)
The court found that the applicant's grounds of appeal, including alleged errors in the High Court's findings on consent, sufficiency of evidence, and sentencing, raise questions of law suitable for determination by the Court of Appeal. The absence of a response from the respondent and the applicant's status as a...
Source-derived case information.
- Citation
- [2024] KECA 1352 (KLR)
- Parties
- Applicant: Samuel Chege Muhu; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E109 of 2024
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal and Leave to Appeal Out of Time
- Outcome
- Application allowed.
- Judges
- S ole Kantai
- Legal Topics
- Extension of Time, Notice of Appeal, Appeal Out of Time, Conviction Challenge, Sentencing, Court Fees Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Chege Muhu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to lodge a notice of appeal and leave to file an appeal out of time.
- 2 Whether the applicant's grounds of appeal raise arguable questions of law.
- 3 Whether court fees should be waived for the applicant.
Ratio Decidendi
The court found that the applicant's grounds of appeal, including alleged errors in the High Court's findings on consent, sufficiency of evidence, and sentencing, raise questions of law suitable for determination by the Court of Appeal. The absence of a response from the respondent and the applicant's status as a convict unable to pay court fees further justified granting the orders sought. The court exercised its discretion to extend time for filing the notice of appeal and granted leave to appeal out of time, also waiving court fees for the applicant.
Court Disposition
Application allowed.
Orders
- Extension of time granted to lodge notice of appeal and leave to file appeal out of time.
- Court fees for the applicant are waived.
Full Case Text
Judgment text and source record
20 paragraphs
Muhu v Republic (Criminal Application E109 of 2024) [2024] KECA 1352 (KLR) (3 October 2024) (Order)
Neutral citation: [2024] KECA 1352 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Criminal Application E109 of 2024
S ole Kantai, JA
October 3, 2024
Between
Samuel Chege Muhu
Applicant
and
Republic
Respondent
(An application for extension of time to lodge Notice of Appeal and Leave to file appeal out of time from the Judgment of the High Court at Muranga (Wakiaga, J.) dated 25th May, 2022inHC Criminal Appeal No. 39 of 2019. Criminal Appeal 39 of 2019 )
Order
1. I have seen notice of appeal by the applicant Samuel Chege Muhu who was convicted for the offences of rape and obtaining by false presences. His appeal to the High Court of Kenya was dismissed.
2. In the homemade Memorandum of Appeal he has raised various grounds of appeal. One ground is to the effect that the High Court on first appeal erred in law in concluding that he raped the complainants where lack of consent was not proved. Another ground is that he was convicted when the charges against him were not proved to the required standard. Another ground states that the Judges erred in awarding consecutive sentences when the convictions were as a result of the same transactions.
3. I note that the respondent was served with a hearing notice on 3rd September, 2024 but there is no response from that office.
4. I am satisfied that the appeal raises a question of law for determination by this Court. The applicant who is a convict at Kamiti Main Prison may not be able to pay court fees. The same should be waived. If the applicant has not filed an appeal he should do so within fourteen (14) days from today.
MADE AT NYERI THIS 3RD DAY OF OCTOBER, 2024. S. ole KANTAI...................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR