[2017] KEHC 6607 (KLR)
The court found that although the delay of two years in filing the application was unreasonable, the applicant was serving a long sentence and should be given an opportunity to challenge the lower court's decision. The court exercised its discretion to allow the application for extension of time, deeming the...
Source-derived case information.
- Citation
- [2017] KEHC 6607 (KLR)
- Parties
- Applicant: Mwitharie Ntongai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 11 of 2017
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Appeals Out of Time, Criminal Procedure, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwitharie Ntongai
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / 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.
- 2 Whether the delay in filing the appeal was justified.
Ratio Decidendi
The court found that although the delay of two years in filing the application was unreasonable, the applicant was serving a long sentence and should be given an opportunity to challenge the lower court's decision. The court exercised its discretion to allow the application for extension of time, deeming the petition of appeal as duly filed with leave, in the interests of justice.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed.
- The petition of appeal is deemed filed with leave of court.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS CRIMINAL CASE NO. 11 OF 2017
(in the matter of an intended Appeal
Between
MWITHARIE NTONGAI …………………………………....APPLICANT
VERSUS
REPUBLIC …………………………………..…..………RESPONDENT
RULING
This is an application to appeal out of time. I have considered the Affidavit in Support of the application. The reason advanced for the delay is that the Appellant had expected his family to get an Advocate and appeal within the stipulated 14 days time but failed to do so.
Although the time taken to make the application is unreasonable (2 years), for reason of the long sentence, I will give the Appellant a chance to test the lower Court decision.
Accordingly, I allow the application. The Petition of Appeal is deemed to be filed with leave. Let the registry open an appeal file and call for proceedings. This file is closed.
DATED, SIGNED AND DELIVERED THIS 28TH DAY OF MARCH, 2017
A. MABEYA
JUDGE
28/03/2017