[2019] KEHC 5819 (KLR)
The court found that the applicant had not demonstrated good cause for the delay in filing the appeal. The applicant was satisfied with the conviction and made no attempt to obtain the judgment or record for two years. The sentence imposed was the statutory minimum for the offence of incest, and even if the appeal...
Source-derived case information.
- Citation
- [2019] KEHC 5819 (KLR)
- Parties
- Applicant: PMK; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 11 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Extension of Time to Appeal, Criminal Sentencing, Incest Offence, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PMK
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated good cause to warrant extension of time to file an appeal against sentence.
- 2 Whether the delay in filing the appeal is excusable under section 349 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant had not demonstrated good cause for the delay in filing the appeal. The applicant was satisfied with the conviction and made no attempt to obtain the judgment or record for two years. The sentence imposed was the statutory minimum for the offence of incest, and even if the appeal were admitted, the outcome would not likely differ. Therefore, the application for extension of time to appeal was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL MISC. APPLICATION NO. 11 OF 2019
PMK...........................................................APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
R U L I N G
1. PMK,the Applicant, was convicted of the offence of Incestand Assaultand sentenced to eleven (11) years imprisonmenton the 26th September, 2017.
2. He has approached this Court by way of Notice of Motion seeking to appeal out of time.
3. At the hearing of the Application he told the Court that, todate he is satisfied with the conviction but would like to appeal against the sentence meted out.
Section 349of the Criminal Procedure Codeprovides thus:
“An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.”
4. The Appellant was sentenced to a minimum sentence provided for the offence of incest. The Appellant did not attempt to obtain a copy of the record or Judgment for the last two (2) years having been satisfied with the decision of the Court. Even if he appealed against sentence, the order will be no different from the sentence meted out.
5. In the result, there is no good cause to move this Court to admit an Appeal out of time. Consequently, the Application lacks merit. It is therefore dismissed.
6. It is so ordered.
Dated, Signedand Deliveredat Kituithis 13thday of June,2019.
L. N. MUTENDE
JUDGE