[2019] KEHC 4770 (KLR)
The court found that although there was inordinate delay of four years since the judgment, the applicant's explanation that the appeal documentation got lost and the severity of the sentence justified granting him another opportunity to appeal. The court exercised its discretion to allow the application, thereby...
Source-derived case information.
- Citation
- [2019] KEHC 4770 (KLR)
- Parties
- Applicant: Peter Mwithalie Ntonjira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 18 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Appeal Out of Time, Inordinate Delay, Lost Documents
- 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
Peter Mwithalie Ntonjira
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the delay in filing the application was inordinate and if it can be excused.
Ratio Decidendi
The court found that although there was inordinate delay of four years since the judgment, the applicant's explanation that the appeal documentation got lost and the severity of the sentence justified granting him another opportunity to appeal. The court exercised its discretion to allow the application, thereby deeming the petition of appeal as duly filed.
Court Disposition
application allowed
Orders
- The application is allowed.
- The petition of appeal 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. 18 OF 2019
PETER MWITHALIE NTONJIRA........................................APPLICANT
VERSUS
REPUBLIC..........................................................................RESPONDENT
R U L I N G
I have considered the application. There has been inordinate delay in filing the application. It is now 4 years since the judgement was delivered.
The applicant states that he appealed but documentation got lost. For reason that the sentence is severe, I will give him the chance to test his case once again in the CA,
I therefore allow the application. The petition of appeal is deemed duly filed.
Signed, Dated and Delivered This 7th Day of August, 2019
HON. A MABEYA
JUDGE