[2009] KEHC 1795 (KLR)
The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, namely, the late availability of the typed proceedings and judgment, as evidenced by a formal certificate of delay. Section 349 of the Criminal Procedure Code empowers the court to grant leave to appeal out...
Source-derived case information.
- Citation
- [2009] KEHC 1795 (KLR)
- Parties
- Applicant: Nelson Kiprotich Langat; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 11 of 2009
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application granted. Leave to appeal out of time allowed.
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal, Certificate of Delay, Robbery With Violence, Death Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nelson Kiprotich Langat
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against conviction and sentence for robbery with violence.
- 2 Whether the delay in filing the appeal was sufficiently explained by the applicant.
Ratio Decidendi
The court found that the applicant had provided a satisfactory explanation for the delay in filing the appeal, namely, the late availability of the typed proceedings and judgment, as evidenced by a formal certificate of delay. Section 349 of the Criminal Procedure Code empowers the court to grant leave to appeal out of time where such delay is justified. Since the State did not oppose the application and the applicant had been sentenced to death for robbery with violence, the court exercised its discretion to allow the application. Leave was granted to the applicant to file the appeal within fourteen days from the date of the ruling.
Court Disposition
Application granted. Leave to appeal out of time allowed.
Orders
- The applicant is granted leave to file an appeal against conviction and sentence out of time.
- The applicant shall file the appeal within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
47 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Criminal Miscellaneous Application 11 of 2009
1. Criminal Law
2. Miscellaneous Criminal Application for
i) Leave to appeal out of time
ii) Section 349 Criminal Procedure Code Cap 75
iii) Reasons for delay in not filing appeal
a) To obtain copies of proceedings of judgment Senior Principal Magistrate
Case No. 1842 of 2007
b) Certificate of delay made
c) Sentence of Death imposed for Robbery with violence Section 296(2) Penal Code.
3. Application not opposed by state.
4. Held- Application granted.
i) Fourteen (14) days to file appeal against conviction and sentence from today’s date.
5. Case law - Nil
6. Advocate
S.G. O”nganyi & Co. advocate instructed by the firm of M/S S.G. O’nganyi & Co. advocates
for the Applicants– present
P. Kiprop State Counsel instructed by the Attorney General for the Respondent – present
Applicant - present
NELSON KIPROTICH LANGAT……………..………APPLICANT
VERSUS
REPUBLIC………………………………………….RESPONDENT
RULING
Leave to appeal out of timeApplication date 24th July, 2009
I: Background
1. The applicant herein was charged with robbery with violence contrary to section 296(2) of the penal code with another not in this application. He was sentenced to “death” after being convicted on hearing of a full trial by the subordinate courts.
2. The right of appeal according to law is fourteen (14) days which has now expired.
3. The applicant filed a Miscellaneous Application before this High court seeking leave to file the appeal out of time.
II: Application 24th July, 2009
4. The advocate for the applicant stated the reasons why the appeal had not been filed and is out of time was due to the proceeding and judgment of the Senior Principal Magistrate’s court and not being typed and ready on time.
5. The proceedings have now been obtained and there is a formal certificate of delay issued by that court.
6. From the proceedings the applicant had been sentenced to “Death” with another not before court.
III: Findings
7. Under the “Provisions” of Section 349 of the Criminal Procedure Code where the advocate of the offender is able to show that the delay in applying for proceedings caused the delay in filing an appeal the court may extend time for filing the appeal.
8. I hereby grant the application as prayed. Leave be and is hereby granted to file the appeal out of time.
9. That fourteen (14) days is granted to the applicant to file his appeal from to day’s date.
DATEDthis 31st day of July, 2009 at KERICHO
M. A. ANG’AWA
JUDGE
Advocate
S.G. O”nganyi & Co. advocate instructed by the firm of M/S S.G. O’nganyi & Co. advocates
for the Applicants– present
P. Kiprop State Counsel instructed by the Attorney General for the Respondent – present
Applicant - present