[2005] KEHC 2985 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely the inability of his relatives to raise funds to hire a lawyer as initially promised. Since the state did not oppose the application and the applicant's memorandum of appeal was already annexed, the...
Source-derived case information.
- Citation
- [2005] KEHC 2985 (KLR)
- Parties
- Applicant: Peter Thagichu Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 696 of 2004
- Procedural Posture
- Criminal Application / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed.
- Legal Topics
- Leave to Appeal Out of Time, Conviction Appeal, Procedural Delay
- 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 Thagichu Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely the inability of his relatives to raise funds to hire a lawyer as initially promised. Since the state did not oppose the application and the applicant's memorandum of appeal was already annexed, the court exercised its discretion to allow the application and deemed the memorandum of appeal as duly filed.
Court Disposition
Application allowed.
Orders
- The applicant's memorandum of appeal annexed to the application is deemed to have been filed.
- The memorandum of appeal to be served to the state.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL APPLICATION NO. 696 OF 2004 (In the matter of an intended appeal) Between PETER THAGICHU NDUNGU…………………………………………APPLICANT VERSUS REPUBLIC…………………………………………………..………..RESPONDENT RULING
The applicant applies for leave to file his appeal out of time. The application is supported by an affidavit sworn by him. He was convicted on 27th October, 2004. He submits that he delayed to file his appeal because his relatives had promised him that they could hire a lawyer to appeal for him but they were unable to raise the required fee to hire a lawyer.
The application is not opposed by the state.
Application is allowed. The appellant’s memorandum of appeal annexed to this application is deemed to have been filed and the same to be served to the state.
Dated and delivered this 10th day of February, 2005.
J..L.A. OSIEMO JUDGE