[2025] KEHC 7677 (KLR)
The court found that the delay in filing the appeal was less than a month and not unreasonable or inordinate. The applicant may not have had adequate facilities for legal representation, and the sentence imposed was severe. The State did not oppose the application. In the interests of justice, the court exercised...
Source-derived case information.
- Citation
- [2025] KEHC 7677 (KLR)
- Parties
- Applicant: Brian Nyasimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E074 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Judges
- A Mabeya
- Legal Topics
- Leave to Appeal Out of Time, Robbery With Violence, Sentencing, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Nyasimi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the delay in filing the appeal was unreasonable or inordinate.
- 3 Whether the applicant was accorded facilities for legal representation.
Ratio Decidendi
The court found that the delay in filing the appeal was less than a month and not unreasonable or inordinate. The applicant may not have had adequate facilities for legal representation, and the sentence imposed was severe. The State did not oppose the application. In the interests of justice, the court exercised its discretion to grant leave to the applicant to file a petition of appeal out of time, directing that it be filed within 30 days from the date of the ruling.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- The applicant is granted leave to file a Petition of Appeal within 30 days of the date of this ruling.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Nyasimi v Republic (Criminal Miscellaneous Application E074 of 2025) [2025] KEHC 7677 (KLR) (5 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7677 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Miscellaneous Application E074 of 2025
A Mabeya, J
June 5, 2025
Between
Brian Nyasimi
Applicant
and
Republic
Respondent
Ruling
1. On 17/4/2025, the applicant was convicted of robbery with violence contrary to section 296 (2) of the Penal Code, Cap 63 Laws of Kenya. He was sentenced to 10 years’ imprisonment.
2. By undated Motion lodged on 21/5/2025, he has come to Court applying for leave to file an appeal out of time. There has been no unreasonable and inordinate delay. The Court has considered that the period of delay is less than a month. The applicant may not have been accorded facilities for legal representation.
3. Further, the sentence is severe and the State is not opposed to the extension of time sought.
4. In view thereof, I allow the undated Notice of Motion. The applicant is granted leave to file a Petition of Appeal within 30 days of today.
5. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE