[2024] KEHC 9172 (KLR)
The court found that the applicant's explanation for the delay, namely that his family had promised to hire an advocate to pursue the appeal but failed to do so, was persuasive and constituted sufficient cause. Consequently, the court exercised its discretion to allow the application and grant leave to file the...
Source-derived case information.
- Citation
- [2024] KEHC 9172 (KLR)
- Parties
- Applicant: Samson Onyango Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E123 of 2004
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Appeals Out of Time, Delay in Filing, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Onyango Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
Ratio Decidendi
The court found that the applicant's explanation for the delay, namely that his family had promised to hire an advocate to pursue the appeal but failed to do so, was persuasive and constituted sufficient cause. Consequently, the court exercised its discretion to allow the application and grant leave to file the appeal out of time.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file his appeal out of time.
- The applicant is directed to file and serve his memorandum of appeal within 7 days from the date of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Owuor v Republic (Miscellaneous Criminal Application E123 of 2004) [2024] KEHC 9172 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9172 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E123 of 2004
MS Shariff, J
July 23, 2024
Between
Samson Onyango Owuor
Applicant
and
Republic
Respondent
Ruling
23/7/2024Coram: Before M.S. Shariff L. J. 1. I have considered the Applicant’s notice of motion dated 27. 6.2024 made by Samson Onyango Owuor and the supporting affidavit sworn on even date and I do note that the reason advanced for the delay is that the Applicant’s family had promised to hire an advocate to pursue the appeal to no avail.
2. I do find that the reason advanced for the delay is persuasive and I hereby allow the application and I make the following orders:-a)The applicant is hereby granted leave to file his appeal out of time.b)The applicant is directed to file and serve his memorandum of appeal within 7 days from the date hereof.c)Mention on 31. 7.2024 to confirm compliance.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE