[2024] KEHC 4333 (KLR)
The court found that since the respondent did not object to the application and the applicant had expressed a desire to appeal despite not having obtained a copy of the judgment, there was sufficient reason to grant leave to file the appeal out of time. The court exercised its discretion under section 349 of the...
Source-derived case information.
- Citation
- [2024] KEHC 4333 (KLR)
- Parties
- Applicant: Martin Wangwa Omuamu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E469 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Extension of Time, Criminal Appeals, Late Filing, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Wangwa Omuamu
Applicant
Republic
Respondent
Procedural Posture
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 under section 349 of the Criminal Procedure Code.
Ratio Decidendi
The court found that since the respondent did not object to the application and the applicant had expressed a desire to appeal despite not having obtained a copy of the judgment, there was sufficient reason to grant leave to file the appeal out of time. The court exercised its discretion under section 349 of the Criminal Procedure Code and allowed the application, granting the applicant fourteen days to file the Petition of Appeal.
Court Disposition
application allowed
Orders
- The applicant is granted fourteen (14) days from the date hereof within which to file the Petition of Appeal.
- In default, leave granted shall cease to operate.
Full Case Text
Judgment text and source record
20 paragraphs
Omuamu v Republic (Miscellaneous Application E469 of 2023) [2024] KEHC 4333 (KLR) (Crim) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4333 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Application E469 of 2023
LN Mutende, J
April 15, 2024
Between
Martin Wangwa Omuamu
Applicant
and
Republic
Respondent
Ruling
1. Section 349 of the Criminal Procedure Code requires an appeal to be filed within 14 days of the date of the order or sentence. But, for a good reason, the appeal may be admitted out of the prescribed time.
2. The applicant herein seeks to appeal out of time. He was sentenced to serve fifteen (15) years imprisonment. He avers that to date he has not obtained the copy of judgment but he is aggrieved and desirous to appeal.
3. Since the respondent has no objection to the application the same is allowed. The applicant is granted fourteen (14) days hereof within which to file the Petition of Appeal. In default, leave granted shall cease to operate.
4. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLYTHROUGH MICROSOFT TEAMS AT NAIROBI,THIS 15TH DAY OF APRIL, 2024. ////////L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Wafula for ODPPCourt Assistant - Gladys1