[2002] KEHC 224 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the appeal. The medical records submitted only showed outpatient visits and did not indicate that the applicant was incapacitated or admitted to hospital during the relevant period. The absence of continuous...
Source-derived case information.
- Citation
- [2002] KEHC 224 (KLR)
- Parties
- Applicant: Nelson Maina Komu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 129 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- JK Mitey
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal, Criminal Conviction, Sentence Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Maina Komu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal against conviction and sentence out of time.
- 2 Whether leave to file an appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the appeal. The medical records submitted only showed outpatient visits and did not indicate that the applicant was incapacitated or admitted to hospital during the relevant period. The absence of continuous illness or any evidence that the applicant was unable to act within the statutory time led the court to conclude that the delay was not justified. Consequently, the application for leave to appeal out of time was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for leave to file an appeal out of time is refused.
- The application is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
HIGH COURT MISC CRIMINAL APPLICATION NO. 129 OF 2002
(Org. CM’s Nyr CR.C NO. 2025/01)
NELSON MAINA KOMU ………………………………APPLICANT
VERSUS
REPUBLIC ………………………………………………RESPONDENT
RULING
The applicant NELSON MAINA KOMU was convicted by the Resident magistrate Nyeri on 1st October 2001 of the offence of creating disturbance in a manner likely to cause a breach of the peace contrary to Section 95 (1) of the Penal Code. He was fined Kshs.6,000/- and in default to serve four (4) months imprisonment. On 2nd October 2001 the applicant applied for certified copies of proceedings and judgment. He paid Kshs.300/- as deposit of the copying charges. It is per the certificate of delay issued by the lower court. The proceedings were supplied tot he applicant on 16th October 2001. The judgment was supplied to him on 18th December 2001.
By an application dated 28th May 2002 and filed in court on the same day, the applicant seeks the leave of this court to file an appeal against the said conviction and sentence. In his supporting affidavit the applicant depones that the reason for not filing the appeal within the statutory period was because he was ailing. He attached photocopies of the treatment cards to the application. I have perused the two cards which are headed General Outpatient record. The last entry on card Number 98086 was made on 12th September 2001. The last entry on card Number 146731 is dated 10th March 2002. The reasonable interest one can draw is that between the two dates the applicant was well as there is no indication to the contrary. The two cards confirm that the applicant was not admitted in hospital. The reasons for the delay in lodging the application within a reasonable time is not sufficiently explained. I am not convinced by the excuse given by the applicant.
I see no merit in the application. The application for leave is refused. The same is dismissed.
Dated this 16th day of September 2002.
J.K. MITEY
JUDGE