[2019] KEHC 4861 (KLR)
The court found that the delay of one year in filing the appeal was excusable due to the nature of the sentence imposed on the applicant. The judge exercised discretion in favor of the applicant, holding that it was just to grant another chance to appeal. The application for extension of time was allowed, and the...
Source-derived case information.
- Citation
- [2019] KEHC 4861 (KLR)
- Parties
- Applicant: Patrick Karithi Bariu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 41 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Criminal Appeal Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Karithi Bariu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time given a delay of one year.
- 2 Whether the nature of the sentence justifies granting the applicant another chance to appeal.
Ratio Decidendi
The court found that the delay of one year in filing the appeal was excusable due to the nature of the sentence imposed on the applicant. The judge exercised discretion in favor of the applicant, holding that it was just to grant another chance to appeal. The application for extension of time was allowed, and the petition of appeal was deemed duly filed. The court directed that an appeal file be opened forthwith.
Court Disposition
application allowed
Orders
- The application for extension of time to file an appeal is allowed.
- The petition filed is deemed duly filed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION NO. 41 OF 2019
PATRICK KARITHI BARIU...........................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
R U L I N G
I have considered the application. The delay is for 1 year. I am satisfied that because of the nature of the sentence, it is good that the applicant is given another chance.
I allow the application. Let the petition filed be deemed duly filed.
Let an appeal file be opened forthwith.
File closed.
Signed, Dated and Delivered This 7th Day of August, 2019
HON. A MABEYA
JUDGE