[2024] KEHC 10056 (KLR)
The court found that the applicant was prejudiced by the registry's delay in notifying him of the order granting leave to appeal out of time, as the notification was made after the period for compliance had already lapsed. To prevent the applicant from being denied the right to appeal due to circumstances beyond his...
Source-derived case information.
- Citation
- [2024] KEHC 10056 (KLR)
- Parties
- Applicant: Samson Onyango Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E124 of 2024
- Procedural Posture
- Criminal Application / Ruling on Extension of Time to Appeal
- Outcome
- Application for enlargement of time allowed.
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Criminal Appeal Procedure, Stealing Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samson Onyango Owuor
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted a further extension of time to file an appeal against conviction and sentence.
- 2 Whether the lapse of the initial leave due to late notification by the registry justifies enlargement of time.
Ratio Decidendi
The court found that the applicant was prejudiced by the registry's delay in notifying him of the order granting leave to appeal out of time, as the notification was made after the period for compliance had already lapsed. To prevent the applicant from being denied the right to appeal due to circumstances beyond his control, the court exercised its discretion to further enlarge the period for filing the appeal by seven days from the date of service of the present order. The court emphasized that justice requires that procedural technicalities should not defeat substantive rights, particularly where the delay was not attributable to the applicant.
Court Disposition
Application for enlargement of time allowed.
Orders
- The period for filing the appeal is enlarged by a further seven days from the date of service of this order on the applicant.
- Mention dates are recalled and this file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owuor v Republic (Criminal Application E124 of 2024) [2024] KEHC 10056 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10056 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E124 of 2024
RE Aburili, J
August 14, 2024
Between
Samson Onyango Owuor
Applicant
and
Republic
Respondent
(From the original conviction and sentence in WINAM SPM Criminal Case No. E190 of 2022))
Ruling
1. on 23/7/2024, the applicant was granted leave to file an appeal out of time from the judgment, conviction and sentence in Tamu SPM Cr Case No. 190 of 2022 wherein he was charged with the offence of stealing contrary to section 278A of the Penal Code and sentenced to serve SEven years imprisonment. The applicant was to file an appeal within seven days of the date of the order. The matter was then scheduled for mention on 31/7/2024 to confirm compliance.
2. On the latter date, nothing transpired as the Judge was unwell and the court assistant has since fixed the matter for mention on 9/10/ 2024 to confirm compliance, yet the compliance anticipated has been overtaken by events, and as there is nothing else pending yet the file remains open, with the registry notifying the applicant of the orders issued on 23/7/2024 only on 31/7/2024 after the said orders had lapsed; noting that the appeal shall be filed in a different file, I hereby exercise discretion and enlarge the period given by a further seven Days from the date of service of this order on the applicant so that the leave granted is not in vain.
3. Signal to issue forthwith.
4. As the appeal shall be filed in a different file, the mention dates are recalled and this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF AUGUST, 2024R.E. ABURILIJUDGE