[2024] KECA 903 (KLR)
The court found that the applicant had provided sufficient grounds for the delay in filing the appeal and that there was no reason to refuse the application. The respondent did not oppose the application. In the interests of justice, the court exercised its discretion to grant leave to the applicant to file his...
Source-derived case information.
- Citation
- [2024] KECA 903 (KLR)
- Parties
- Applicant: Samuel Karanja Mwangi; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal (Application) E006 of 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed.
- Judges
- JM Mativo
- Legal Topics
- Leave to Appeal Out of Time, Robbery With Violence, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Karanja Mwangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / 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 against the High Court judgment.
- 2 Whether sufficient grounds exist to justify extension of time for filing the appeal.
Ratio Decidendi
The court found that the applicant had provided sufficient grounds for the delay in filing the appeal and that there was no reason to refuse the application. The respondent did not oppose the application. In the interests of justice, the court exercised its discretion to grant leave to the applicant to file his notice of appeal and appeal out of time. The court directed the applicant to file the notice of appeal within 14 days and the appeal within 30 days from the date of the ruling.
Court Disposition
Application allowed.
Orders
- The applicant is granted leave to file his Notice of Appeal within 14 days from the date of this ruling.
- The applicant shall file his appeal within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
Mwangi v Republic (Criminal Appeal (Application) E006 of 2024) [2024] KECA 903 (KLR) (20 June 2024) (Ruling)
Neutral citation: [2024] KECA 903 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Appeal (Application) E006 of 2024
JM Mativo, JA
June 20, 2024
Between
Samuel Karanja Mwangi
Applicant
and
Republic
Respondent
(Being an application for leave to file an appeal out of time from the Judgment of the High Court of Kenya at Nyahururu (C.M Kariuki, J.) dated 7th March 2024 in HCCRA No. 4 of 2021 Criminal Case No. 1336 of 2016)
Ruling
1. The Samuel Karanja Mwangi, in his application dated 25th March 25, 2024 prays for leave to appeal out of time against the judgment issued in HCCRA No. E024 of 2021 on November 3, 2023.
2. The applicant, together with four others were charged before the Senior Resident Magistrate’s Court in Criminal Case No. 1326 of 2016 at Nyahururu with nine counts of the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He was sentenced to death on count 2 and 3, on count 5, 6 and 7, the applicant was sentenced to life imprisonment and on count 8the appellant was sentenced to 10 years which were held in abeyance. His appeal against conviction and sentence was dismissed by the High Court. He was unable to lodge his appeal within time, hence this application.
3. The respondent’s counsel filed submissions supporting the application. I have considered the grounds cited and the law. I find no reason to refuse the application. Accordingly, I direct the applicant to file his Notice of Appeal within 14 days and his appeal within 30 days from today.
Dated and Delivered at Nakuru this 20th of June, 2024. J. MATIVOJUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR