[2024] KECA 1746 (KLR)
The court found that the applicant's explanation for the delay—lack of funds to hire a lawyer—was not satisfactory, as filing a notice of appeal does not require legal representation or expenditure. The delay of almost six years was deemed inordinate and unexplained. The court emphasized that convicted persons can...
Source-derived case information.
- Citation
- [2024] KECA 1746 (KLR)
- Parties
- Applicant: James Njuguna Mwangi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E177 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed
- Judges
- MA Warsame
- Legal Topics
- Extension of Time, Notice of Appeal, Defilement Offence, Sentencing, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Njuguna Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided a satisfactory explanation for the delay in filing the notice of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing the notice of appeal in a criminal matter.
Ratio Decidendi
The court found that the applicant's explanation for the delay—lack of funds to hire a lawyer—was not satisfactory, as filing a notice of appeal does not require legal representation or expenditure. The delay of almost six years was deemed inordinate and unexplained. The court emphasized that convicted persons can file notices of appeal using forms provided by the prison, and the process does not necessitate fundraising for legal fees. Consequently, the court declined to exercise its discretion to extend time and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for extension of time to file a notice of appeal is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Mwangi v Republic (Criminal Application E177 of 2024) [2024] KECA 1746 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KECA 1746 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E177 of 2024
MA Warsame, JA
December 4, 2024
Between
James Njuguna Mwangi
Applicant
and
Republic
Respondent
(An application for extension of time to file a notice of appeal, against the judgment of the High Court at Nyahururu (Wendoh, J.) dated 19th January 2018, In HCCRA No. 065 OF 2017)
Ruling
1. By an undated Notice of Motion filed in person, the applicant, (James Njuguna Mwangi) has moved this Court seeking an order or extension of time to enable him file an appeal out of time. The intended appeal is against the judgment of Wendoh, J. delivered on 19th January 2018 which upheld his sentence of life imprisonment for defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. In his supporting affidavit, the applicant proffers that the reason for the delay in filing the notice of appeal is that his family promised to hire him a lawyer to file the appeal, but they were unable to fundraise for a lawyer owing to the high legal fees.
3. The respondent is not opposed to the application and contends that though the delay is inordinate, the sentence meted out is lengthy and consequently the application should be allowed.
4. In determining the matter, I am guided by this Court’s sentiments in Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR, where it was held that:“the law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained. A plausible and satisfactory explanation for the delay is the key that unlocks the court’s flow of discretionary favour. There has to be valid and clear reasons, upon which discretion can be favourably exercisable.”
5. Having considered the length of the delay and the reason advanced to explain it, I am not satisfied that there is a satisfactory reason for the inordinate delay of almost six years. There is no requirement for a convicted person to expend funds to file a notice appeal. He only requires to file a notice of appeal within fourteen days using forms freely supplied by the Prison, after which the High Court Registry prepares the record of appeal.
6. Having found the delay inordinate and the applicant’s explanation unpersuasive, I decline to exercise my discretion in favour of the applicant and dismiss the application.
DATED AND DELIVERED AT NAKURU THIS 4TH DAY OF DECEMBER, 2024. M. WARSAME…………………………. JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR