[2024] KEHC 9170 (KLR)
The court found that the applicant had provided a valid explanation for the delay in filing the appeal, specifically the inability to obtain the judgment and trial court records in time. The court determined that these reasons constituted sufficient cause under the law to warrant the exercise of its discretion in...
Source-derived case information.
- Citation
- [2024] KEHC 9170 (KLR)
- Parties
- Applicant: Brian Nyasim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E119 of 2004
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Appeal Rights, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Nyasim
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to 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 leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant had provided a valid explanation for the delay in filing the appeal, specifically the inability to obtain the judgment and trial court records in time. The court determined that these reasons constituted sufficient cause under the law to warrant the exercise of its discretion in favour of the applicant. Consequently, the court allowed the application and granted leave to file the appeal out of time, emphasizing the importance of access to court records for the effective exercise of appellate rights.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file an appeal out of time within 7 days from the date hereof.
- Mention on 30.7.2024 to confirm compliance.
Full Case Text
Judgment text and source record
17 paragraphs
Nyasim v Republic (Miscellaneous Criminal Application E119 of 2004) [2024] KEHC 9170 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9170 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E119 of 2004
MS Shariff, J
July 23, 2024
Between
Brian Nyasim
Applicant
and
Republic
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated 13. 6.2024 and the affidavit in support thereof and I note that the Applicant cites the failure to obtain a copy of the judgment and trial court’s records as the reasons that occasioned his delay in lodging his appeal.
2. In light of the above cited reasons I do find that this application is well merited and I thus allow it and I make the following orders:-1. The Applicant is granted leave to file an appeal out of time within 7 days from the date hereof.2. Mention on 30. 7.2024 to confirm compliance.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE