Njeri v Republic [2025] KECA 394 (KLR)
- Citation
- [2025] KECA 394 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Court of Appeal
- Panel
- JM Mativo
- Case number
- Criminal Application E002 of 2025
- Language
- English
More details
- Court
- Court of Appeal
- Panel
- JM Mativo
- Case number
- Criminal Application E002 of 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant's failure to provide the date of the judgment sought to be appealed against rendered it impossible for the court to determine if there was a delay and if it was excusable, thus making a proper determination of the application impossible.
Court disposition
application dismissed with liberty to refile
Orders
- The application dated January 8, 2025 is dismissed.
- The applicant is granted leave to file a proper application within 14 days from the date of this ruling.
02
Material facts
Parties
Kelvin Kariuki Njeri
ApplicantRepublic
Respondent03
Procedural history
Posture
Criminal Application / Ruling on Application for Leave to Appeal Out of Time
04
Questions and positions
Legal issues
Whether the applicant should be granted leave to file an appeal out of time.
Party arguments
- Applicant
- The applicant seeks leave to file an appeal out of time against the judgment in CRA No. 46 of 2014, citing the need for extension but failing to indicate the date of the judgment.
- Respondent
- The respondent did not file a formal response, but the court noted the absence of critical information necessary to determine the application.
05
Court’s reasoning
The court noted that the applicant's application for leave to appeal out of time lacked a crucial piece of information: the date of the judgment he wished to appeal. Without this date, the court could not calculate whether any delay in filing the appeal had occurred or assess if such a delay was justifiable. Consequently, the court found itself unable to make a fair and proper decision on the application, stating that granting the orders without this information would be based on guesswork, which is not permissible in judicial decisions. Therefore, the court dismissed the application, but granted the applicant leave to file a new, proper application with the necessary information within 14 days.
Legal principles
- 01
Court of Appeal Rules; general principles of extension of time applications.
An applicant seeking extension of time must provide sufficient information, including the date of the judgment, to enable the court to determine whether there was delay and if it is excusable.
- 02
Judicial practice; see also precedent in similar applications.
Judicial decisions must not be based on conjecture or guesswork, especially where critical facts are missing.
06
Ratio, limits and disposition
Ratio decidendi
The applicant's failure to provide the date of the judgment sought to be appealed against rendered it impossible for the court to determine if there was a delay and if it was excusable, thus making a proper determination of the application impossible.
Obiter and limits
- Judicial pronouncements must be based on clear and complete information, not speculation.
- Applicants must ensure all relevant facts are presented to avoid dismissal on technical grounds.
Court disposition
application dismissed with liberty to refile
- The application dated January 8, 2025 is dismissed.
- The applicant is granted leave to file a proper application within 14 days from the date of this ruling.
Source and reliance status
Court of Appeal
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Judgment reading view
Judgment text
The complete available source text.
Court of Appeal
Judgment
Njeri v Republic (Criminal Application E002 of 2025) [2025] KECA 394 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KECA 394 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Criminal Application E002 of 2025
JM Mativo, JA
February 27, 2025
Between
Kelvin Kariuki Njeri
Applicant
and
Republic
Respondent
(Being an application for leave to file an appeal out of time from the judgment of the High Court of Kenya at Naivasha in CRA No. 46 of 2014)
Ruling
1. The application before the Court is dated 8th January 2025. The main prayer is for leave to appeal out of time against the judgment issued in CRA No. 46 of 2014. The applicant has not indicated the date the judgment sought to be appealed against was delivered. Therefore, much as he pleads for extension of time, there is no basis at all upon which I can compute time and ascertain whether there was a delay, and if so, whether it is excusable.
2. Accordingly, for want of such critical information which is highly relevant for a fair and proper determination of an application of this nature, I decline to make the orders sought. Doing so would amount to guess work and conjecture which is highly impermissible in judicial pronouncements. I therefore dismiss the application dated January 8, 2025, but grant leave to the applicant to file a proper application within 14 days from the date of this ruling.
DATED AND DELIVERED AT NAKURU THIS 27TH DAY OF FEBRUARY, 2025. J. MATIVO..............................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.
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