[2024] KECA 848 (KLR)
The Court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to slow administrative action in supplying the proceedings and judgment of the superior court. The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, finding merit in the application and...
Source-derived case information.
- Citation
- [2024] KECA 848 (KLR)
- Parties
- Applicant: Samuel Boro Ngige; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E013 of 2024
- Procedural Posture
- Criminal Application / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed.
- Judges
- JW Lessit
- Legal Topics
- Extension of Time, Appeals Process, Criminal Procedure, Sexual Offences, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Boro Ngige
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the appeal out of time.
- 2 Whether the Court should exercise its discretion under Rule 4 of the Court of Appeal Rules to extend time for filing the appeal.
Ratio Decidendi
The Court found that the applicant satisfactorily explained the delay in filing the appeal, attributing it to slow administrative action in supplying the proceedings and judgment of the superior court. The Court exercised its discretion under Rule 4 of the Court of Appeal Rules, finding merit in the application and allowing the extension of time for the applicant to file the appeal out of time. The absence of opposition from the respondent and the applicant's demonstration of an arguable appeal further supported the decision to grant the orders sought.
Court Disposition
Application allowed.
Orders
- The applicant's undated application is allowed as filed in the Court's registry.
- The applicant shall file a Notice of Appeal within fourteen (14) days from the date hereof.
Full Case Text
Judgment text and source record
22 paragraphs
Ngige v Republic (Criminal Application E013 of 2024) [2024] KECA 848 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KECA 848 (KLR)
Republic of Kenya
In the Court of Appeal at Eldoret
Criminal Application E013 of 2024
JW Lessit, JA
July 18, 2024
Between
Samuel Boro Ngige
Applicant
and
Republic
Respondent
(Being an application for leave to file his appeal out of time against the judgment of the High Court of Kenya at Nakuru (M. ODERO, J.) delivered on 3rd August 2019 In HCCRA No. 01 of 2009)
Ruling
1. The applicant, Samuel Boro Ngige seeks leave to file appeal out of time against the judgment of the High Court of Kenya at Nakuru (M. Odero, J.) delivered on 3rd August 2019 in HCCRA No. 01 of 2009. The applicant was charged and convicted at the Chief Magistrates’ Court at Nakuru in Criminal Case No. 122 of 2009 with the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act and sentenced to undisclosed period. His appeal to the High Court against the judgment of the Magistrates’ Court was dismissed.
2. In both the application and the supporting affidavit, the applicant attributes the delay in filing of his appeal to delay in being supplied with the proceedings and judgment of the superior court.
3. The applicant contends that he has an arguable appeal with high chances of success as demonstrated in his annexed memorandum of appeal. Further that the respondent will not suffer any prejudice if the application is allowed.
4. The application is unopposed.
5. Rule 4 of the Court of Appeal Rules governs the extension of time.The Rule allows this Court to exercise discretion to extend the time limited by the Rules for the doing of any act authorized or required by the Rules.
6. I have considered the application and find the delay explained as having been caused by slow administrative action to supply the proceedings of the superior court in time for the filing of the appeal before expiry of time limited to do so. In the premises, I find merit in this application. Consequently, the applicant’s undated application is allowed in the following terms:i.I hereby allow the applicant’s undated application as filed in this Court’s registry.ii.The applicant shall file a Notice of Appeal within fourteen (14) days from date hereof.iii.The registry to prepare the Record of Appeal and file it and serve it on the applicant and the respondent within sixty (60) days hereof.iv.The registry shall thereafter place appeal before the Court for hearing.
DATED AND DELIVERED AT ELDORET THIS 18TH DAY OF JULY, 2024J. LESIITJUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR