[2023] KEHC 18144 (KLR)
The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, namely financial constraints in securing legal representation. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to...
Source-derived case information.
- Citation
- [2023] KEHC 18144 (KLR)
- Parties
- Appellant: Abraham Aluta Mutsoli; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E200 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- DR Kavedza
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Aluta Mutsoli
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, namely financial constraints in securing 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 5th June 2023. The absence of opposition from the respondent and the applicant's prompt action upon overcoming the financial impediment further justified the grant of leave.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 5/6/2023.
- The respondent to be served with a copy of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Mutsoli v Republic (Miscellaneous Criminal Case E200 of 2023) [2023] KEHC 18144 (KLR) (Crim) (2 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18144 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Case E200 of 2023
DR Kavedza, J
June 2, 2023
Between
Abraham Aluta Mutsoli
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 5/6/2023. 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 2nd day of June 2023. __________________D. KAVEDZAJUDGE1