[1995] KEHC 55 (KLR)
The court found that the delay between the receipt of the proceedings and the filing of the application for leave to appeal out of time was inordinate and not satisfactorily explained. The record was not lengthy or complex, and no compelling reason was advanced to justify the delay. The court held that the applicant...
Source-derived case information.
- Citation
- [1995] KEHC 55 (KLR)
- Parties
- Applicant: Peter Mitambo Kunguru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 1995 of 1992
- Procedural Posture
- Miscellaneous Application / Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing, Grounds for Extension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mitambo Kunguru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for the delay in filing the application for leave to appeal out of time.
Ratio Decidendi
The court found that the delay between the receipt of the proceedings and the filing of the application for leave to appeal out of time was inordinate and not satisfactorily explained. The record was not lengthy or complex, and no compelling reason was advanced to justify the delay. The court held that the applicant failed to demonstrate good grounds for the extension sought, and therefore, the application could not be granted.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COUT OF KENYA AT NAIROBI CRIMINAL DIVISION MISC. APPLICATION NO.205 OF 1995
(In the matter of an intended appeal in Criminal Case No.7408 of 1992 of the Ag. Resident Magistrate’s Court at Makadara).
Between
PETER MITAMBO KUNGURU…………………………APPLICANT V E R S U S REPUBLIC……………………………………………….DEFENDANT
R U L I N G
This is an application for leave to appeal out of time.
The conviction was on 26th January, 1995 and an application for the proceedings was made by the learned advocate for the applicant on 3rd February, 1995 and received by him on 15th March, 1995. The present application was filed on 23rd May, 1995. The affidavit in support was sworn on 15th May, 1995.
The learned advocate, Mr. Mbugua Mureithi wants this court to believe that the above delay was not inordinate as he needed all that time to go through the record after its receipt by him thereof on15th March, 1995. To say the least, I remain far from convinced by his said argument. The record is not that long nor involving complicated points. Even in cases where the records were to be long no one can justify delay of so long a period in filing a simple application such as this one to start with.
I hold that there is no good ground given for the delay that was in inordinate. The application is dismissed.
Dated and delivered at Nairobi this 8th day of June, 1995.
V.V. PATEL
JUDGE