[2005] KEHC 88 (KLR)
The court found that the applicant's failure to file the appeal within the statutory period was due to his inability to obtain a copy of the judgement in time. The respondent did not oppose the application, and the court was satisfied that sufficient cause had been shown. Accordingly, the court exercised its...
Source-derived case information.
- Citation
- [2005] KEHC 88 (KLR)
- Parties
- Applicant: Nathaniel Okwemba Oluobo; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 49 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- 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
Nathaniel Okwemba Oluobo
Applicant
The Attorney General
Respondent
Procedural Posture
Miscellaneous 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 against the judgement and sentence of the lower court.
- 2 Whether the delay in filing the appeal was justified.
Ratio Decidendi
The court found that the applicant's failure to file the appeal within the statutory period was due to his inability to obtain a copy of the judgement in time. The respondent did not oppose the application, and the court was satisfied that sufficient cause had been shown. Accordingly, the court exercised its discretion to allow the application and granted the applicant leave to file the appeal out of time, directing that the Petition of Appeal be filed within 14 days from the date of the ruling.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file the Petition of Appeal out of time.
- The Petition of Appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Misc Crim Appli 49 of 2005
NATHANIEL OKWEMBA OLUOBO .................................................................................APPLICANT
V E R S U S
THE ATTORNEY GENERAL .......................................................................................RESPONDENT
R U L I N G
I have perused the application dated 10-6-2005 made by Nathaniel Okwemba Oluobo and have given due consideration to the submissions made by Mr. Kaburi. The application seeks leave to file appeal out of time against the whole of the judgement and sentence by the Honourable P. K. Sultan, Senior Resident Magistrate, made on 03-03-2005 in Mumias Senior Resident Magistrate Court Criminal case No. 1267 of 2003. Mrs. Kithaka, Principal State Counsel did not oppose the application.
I am satisfied that the Applicant’s failure to enter the appeal within 14 days was caused by his inability to obtain a copy of the judgement intended to be appealed from within time. Mrs. Kithaka, the Principal State Counsel, rightly conceded the application. I allow the application and order that the Petition of Appeal be filed within 14 days of today. It is so ordered.
Dated at Kakamega this 14th day of July, 2005.
G. B. M. KARIUKI
J U D G E