[2025] KEHC 4342 (KLR)
The court found that the applicant had established sufficient grounds for the extension of time to appeal, noting that the right to appeal is fundamental and that the interests of justice would be best served by allowing the applicant to challenge his conviction and sentence. The respondent failed to demonstrate any...
Source-derived case information.
- Citation
- [2025] KEHC 4342 (KLR)
- Parties
- Applicant: Nicodemus Ombasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E021 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RN Nyakundi
- Legal Topics
- Extension of Time, Right of Appeal, Conviction and Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicodemus Ombasa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has established sufficient grounds for extension of time to file an appeal out of time.
- 2 Whether the respondent would suffer prejudice if the extension is granted.
- 3 Whether the severity of the sentence justifies appellate scrutiny.
Ratio Decidendi
The court found that the applicant had established sufficient grounds for the extension of time to appeal, noting that the right to appeal is fundamental and that the interests of justice would be best served by allowing the applicant to challenge his conviction and sentence. The respondent failed to demonstrate any prejudice that would result from granting the extension. The court also considered the severity of the sentence (10 years' imprisonment) as warranting appellate scrutiny. Applying the principles set out in Nicholas Kiptoo Arap Korir Salat v IEBC & 7 others, the court exercised its discretion in favour of the applicant and allowed the application for leave to appeal out of time.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed.
- The applicant is granted 30 days from the date of the ruling to file his appeal.
Full Case Text
Judgment text and source record
21 paragraphs
Ombasa v Republic (Miscellaneous Application E021 of 2024) [2025] KEHC 4342 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4342 (KLR)
Republic of Kenya
In the High Court at Eldoret
Miscellaneous Application E021 of 2024
RN Nyakundi, J
April 4, 2025
Between
Nicodemus Ombasa
Applicant
and
Republic
Respondent
Ruling
1. The application before me seeks leave to appeal out of time. He was charged and convicted with the offence of grievous harm contrary to section 234 of the Penal Code. Subsequently, the court imposed a sentence of 10 years. The applicant is aggrieved with the said decision and wishes to appeal albeit out of time.
2. The Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR set out the considerations to guide the court in exercising its discretion in cases seeking extension of time. It stated:““i. Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court;ii.A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court;iii.Whether the court should exercise the discretion to extend time, is a consideration to be made on a case-to-case basis;iv.Whether there is a reasonable reason for the delay. The delay should be explained to the satisfaction of the Court;v.Whether there will be any prejudice suffered by the respondents if the extension is granted;vi.Whether the application has been brought without undue delay; andvii.Whether in certain cases, like election petitions, public interest should be a consideration for extending time.”
3. Having considered the applicant's motion and the principles laid down in the cited case law, I find that the right to appeal is a fundamental right, and the interests of justice would be best served by allowing the applicant an opportunity to challenge his conviction and sentence. The respondent has not demonstrated any prejudice that would be suffered if the extension is granted. Furthermore, the severity of the sentence imposed (10 years' imprisonment) warrants appellate scrutiny to ensure that justice was properly administered.
4. Accordingly, the application for leave to appeal out of time is hereby ALLOWED. The applicant is granted 30 days from the date of this ruling to file his appeal. The matter shall be mentioned before the Deputy Registrar on 9th May, 2025 for compliance on the typed proceedings and further directions.
5. This file is marked as closed.
6. It is so ordered.
SIGNED, DATE AND DELIVERED AT ELDORET THIS 4TH DAY OF APRIL 2025…………………………………….R. NYAKUNDIJUDGE