[2025] KEHC 6318 (KLR)
The court found that although there was inordinate delay in lodging the appeal, the applicant's circumstances—being in custody and possibly lacking legal representation—constituted sufficient cause to grant an extension of time. The absence of opposition from the State further supported the exercise of judicial...
Source-derived case information.
- Citation
- [2025] KEHC 6318 (KLR)
- Parties
- Applicant: Glyde Mbalanya Musombe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Judgment Date
- 21 May 2025
- Case Number
- Criminal Miscellaneous Application E246 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time allowed.
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Appeal Rights, Robbery With Violence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Glyde Mbalanya Musombe
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal against conviction and sentence.
- 2 Whether the delay in lodging the appeal was inordinate and if it can be excused.
Ratio Decidendi
The court found that although there was inordinate delay in lodging the appeal, the applicant's circumstances—being in custody and possibly lacking legal representation—constituted sufficient cause to grant an extension of time. The absence of opposition from the State further supported the exercise of judicial discretion in the applicant's favor. Accordingly, leave was granted to file the Petition of Appeal within 30 days.
Court Disposition
Application for extension of time allowed.
Orders
- Leave is granted to the applicant to file a Petition of Appeal within 30 days.
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Musombe v Republic (Criminal Miscellaneous Application E246 of 2024) [2025] KEHC 6318 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6318 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Miscellaneous Application E246 of 2024
A Mabeya, J
May 21, 2025
Between
Glyde Mbalanya Musombe
Applicant
and
Republic
Respondent
Ruling
1. This is an application for extension of time. The Accused was convicted of the offence of Robbery with violence and sentenced to 20 years’ imprisonment on 31/1/2023.
2. Although there has been inordinate delay in lodging the appeal, the Court has considered that the applicant is in custody and he may not have had facilities for legal representation. Further the State is not opposed to the application for extension of time.
3. In view thereof, I allow the Notice of Motion dated 9/12/2024. Leave is granted to the applicant to file a Petition of Appeal within 30 days.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE