[2023] KEHC 2642 (KLR)
The court found that the applicant, being a lay person who lacked knowledge of the legal process and was based in Wajir, had demonstrated sufficient cause for the delay in filing the appeal. The absence of opposition from the respondent and the interest of justice warranted granting the extension to allow the appeal...
Source-derived case information.
- Citation
- [2023] KEHC 2642 (KLR)
- Parties
- Applicant: Ahmed Qureish; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E032 of 2022
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed; appeal admitted out of time.
- Judges
- JN Onyiego
- Legal Topics
- Extension of Time, Right of Appeal, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Qureish
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether being a lay person and lack of knowledge constitute sufficient cause for extension of time.
Ratio Decidendi
The court found that the applicant, being a lay person who lacked knowledge of the legal process and was based in Wajir, had demonstrated sufficient cause for the delay in filing the appeal. The absence of opposition from the respondent and the interest of justice warranted granting the extension to allow the appeal to be heard on its merits.
Court Disposition
Application allowed; appeal admitted out of time.
Orders
- The application to file the appeal out of time is allowed.
- The appeal is admitted.
Full Case Text
Judgment text and source record
18 paragraphs
Qureish v Republic (Criminal Appeal E032 of 2022) [2023] KEHC 2642 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2642 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Appeal E032 of 2022
JN Onyiego, J
March 27, 2023
Between
Ahmed Qureish
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application filed herein on July 22, 2022 seeking to file an appeal out of time. The applicant alleged that he did not know how to do the application in time while based in Wajir.
2. Application is not opposed. I have taken into account the fact that applicant is a lay person. He deserves an opportunity to have his appeal heard on merit.
3. Accordingly, the application is allowed and appeal is admitted. Parties to file submissions in respect of the appeal within 30 days. Hearing on May 24, 2023.
RULING READ, DELIVERED IN OPEN COURT THIS… 27TH DAY OF MARCH, 2023. J. N. ONYIEGOJUDGEIn the Presence of:Appellant.Mr. Kihara for the state.Martin/ Mohamed- Court Assistant.J.N. ONYIEGOJUDGE