[2025] KEHC 10246 (KLR)

[2025] KEHC 10246 (KLR)

The court found that the applicant's written submissions, though filed after the lapse of the period granted by the court, should be deemed as properly filed because the respondent would suffer no prejudice and the judgement had not yet been written. The court exercised its discretion to allow the late filing in the interests of justice, noting that the respondent had not objected and that the substantive hearing of the appeal would not be compromised. The application was therefore allowed, and the submissions were admitted to the record.

Citation
[2025] KEHC 10246 (KLR)
Parties
Applicant: Richard Juma Okemere; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Judgment Date
17 July 2025
Case Number
Criminal Appeal E040 of 2025
Procedural Posture
Criminal Appeal / Interlocutory Application for Leave to Deem Submissions as Properly Filed
Outcome
Application allowed; applicant's written submissions deemed properly filed.
Judges
DR Kavedza
Legal Topics
Late Filing of Submissions, Leave of Court, Prejudice to Opposing Party
Source Language
English
Criminal Law Civil Procedure Late Filing of Submissions Leave of Court Prejudice to Opposing Party

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Juma Okemere

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Application for Leave to Deem Submissions as Properly Filed

Legal Issues

  1. 1 Whether the applicant's written submissions filed out of time should be deemed as properly filed.
  2. 2 Whether admitting the late submissions would occasion prejudice to the respondent.

Ratio Decidendi

The court found that the applicant's written submissions, though filed after the lapse of the period granted by the court, should be deemed as properly filed because the respondent would suffer no prejudice and the judgement had not yet been written. The court exercised its discretion to allow the late filing in the interests of justice, noting that the respondent had not objected and that the substantive hearing of the appeal would not be compromised. The application was therefore allowed, and the submissions were admitted to the record.

Court Disposition

Application allowed; applicant's written submissions deemed properly filed.

Orders

  • The applicant's written submissions are deemed properly filed and admitted to the record.
  • Judgement to be delivered on 30th July 2025.