[2005] KEHC 441 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing his appeal, namely, the inability of his relatives to raise the necessary legal fees to hire a lawyer as initially intended. Since the application was unopposed by the state and the applicant's explanation was plausible,...
Source-derived case information.
- Citation
- [2005] KEHC 441 (KLR)
- Parties
- Applicant: Peter Thagichu Ndungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 696 of 2004
- Procedural Posture
- Criminal Application / Application for Leave to File Appeal Out of Time
- Outcome
- Application allowed.
- Legal Topics
- Criminal Appeals, Extension of Time, Conviction Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 his appeal, namely, the inability of his relatives to raise the necessary legal fees to hire a lawyer as initially intended. Since the application was unopposed by the state and the applicant's explanation was plausible, the court exercised its discretion in favour of the applicant and granted leave to file the appeal out of time. The memorandum of appeal annexed to the application was deemed duly filed and was to be served upon the state.
Court Disposition
Application allowed.
Orders
- Leave to file appeal out of time is granted.
- The memorandum of appeal annexed to the application is deemed filed and to be served upon the state.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
CRIMINAL APPLICATION 696 OF 2004
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