[2025] KECA 394 (KLR)
The court dismissed the application for leave to appeal out of time because the applicant failed to provide the date of the judgment sought to be appealed against. Without this information, the court could not determine whether there was any delay or whether such delay was excusable. The absence of this critical...
Source-derived case information.
- Citation
- [2025] KECA 394 (KLR)
- Parties
- Applicant: Kelvin Kariuki Njeri; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E002 of 2025
- Procedural Posture
- Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with liberty to refile
- Judges
- JM Mativo
- Legal Topics
- Extension of Time, Leave to Appeal, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Kariuki Njeri
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient information to justify the grant of leave to appeal out of time.
- 2 Whether the absence of the date of the judgment sought to be appealed against is fatal to the application.
Ratio Decidendi
The court dismissed the application for leave to appeal out of time because the applicant failed to provide the date of the judgment sought to be appealed against. Without this information, the court could not determine whether there was any delay or whether such delay was excusable. The absence of this critical fact rendered the application fatally defective, as the court cannot engage in conjecture or guesswork in determining applications for extension of time. However, the court granted the applicant liberty to file a proper application within 14 days, recognizing the right to access justice if proper procedure is followed.
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.
Full Case Text
Judgment text and source record
18 paragraphs
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.