[2006] KEHC 2679 (KLR)
The court found that the applicant had given a reasonable explanation for his failure to file the appeal within the prescribed time, specifically citing delays in obtaining proceedings and financial constraints. The court held that it would be fair and just to allow the applicant an opportunity to be heard on his...
Source-derived case information.
- Citation
- [2006] KEHC 2679 (KLR)
- Parties
- Applicant: Peter Ngatia Muhoro; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 60 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Bail Pending Appeal
- Outcome
- Application allowed.
- Judges
- GG Okwengu
- Legal Topics
- Bail Pending Appeal, Extension of Time to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ngatia Muhoro
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Bail Pending Appeal
Legal Issues
- 1 Whether the applicant has provided a reasonable explanation for the delay in filing the appeal.
- 2 Whether the applicant is entitled to bail pending the hearing of his intended appeal.
Ratio Decidendi
The court found that the applicant had given a reasonable explanation for his failure to file the appeal within the prescribed time, specifically citing delays in obtaining proceedings and financial constraints. The court held that it would be fair and just to allow the applicant an opportunity to be heard on his appeal. Furthermore, the court exercised its discretion under section 356(1) of the Criminal Procedure Code to grant bail pending appeal, even though a formal appeal had not yet been filed. The court therefore granted leave to file the appeal within 14 days and admitted the applicant to bail pending appeal on a cash bail of Kshs.20,000.
Court Disposition
Application allowed.
Orders
- Leave granted to the applicant to file his appeal within 14 days from the date of the ruling.
- Applicant admitted to bail pending appeal on a cash bail of Kshs.20,000.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Misc Crim Appli 60 of 2005
PETER NGATIA MUHORO ………………………….......………………… APPLICANT
VERSUS
REPUBLIC ……………………………………………………………… RESPONDENT
R U L I N G
The applicant Peter Ngatia Muhoro has come to this court under section 349 and 356 of the Criminal Procedure Code seeking leave to file his appeal out of time and also to be admitted on bail pending the lodging of his appeal. The applicant has explained the delay in filing his appeal as resulting from delay in obtaining proceedings and also failure or inability of his relatives to raise the required funds within time. The applicant pleads that his intended appeal has high chances of success and that if he is not admitted to bail he is likely to finish serving the two year sentence before his appeal is heard.
I have considered the application and looked at the proceedings, judgment and draft grounds of appeal.
The appellant has given a reasonable explanation for his failure to file the appeal within time. I think it is only fair and just that he be given an opportunity to be heard on his appeal.
Although no proper appeal has been filed section 356(1) empower the court to grant bail pending the filing of any appeal. I do therefore allow this application and grant leave to the applicant to file his appeal within 14 days from the date hereof.
I further order that the applicant be admitted to bail pending appeal on a cash bail of Kshs.20,000/=.
Those shall be the orders of this court.
Dated this 3rd May 2006
H. M. OKWENGU
JUDGE