[2007] KEHC 915 (KLR)
The court found that, in the absence of the lower court's original record, it could not conclusively determine the correct date of judgment. Given this uncertainty and without speculating on the merits of the intended appeal, the court exercised its discretion to grant the applicant leave to file the appeal out of...
Source-derived case information.
- Citation
- [2007] KEHC 915 (KLR)
- Parties
- Appellant: Republic; Respondent: Alice Wangari Karimi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 36 of 2006
- Procedural Posture
- Misc Crim Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application granted. Leave to file appeal out of time allowed.
- Legal Topics
- Leave to Appeal Out of Time, Computation of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Alice Wangari Karimi
Respondent
Procedural Posture
Misc Crim 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 the date of judgment can be conclusively determined in the absence of the lower court's original record.
Ratio Decidendi
The court found that, in the absence of the lower court's original record, it could not conclusively determine the correct date of judgment. Given this uncertainty and without speculating on the merits of the intended appeal, the court exercised its discretion to grant the applicant leave to file the appeal out of time, thereby ensuring that the applicant is not unfairly prejudiced by procedural ambiguity.
Court Disposition
Application granted. Leave to file appeal out of time allowed.
Orders
- The applicant is granted leave to file the intended appeal within seven days from the date of this ruling.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
MISC CRIM APPEAL 36 OF 2006
REPUBLIC………………………………………......………………...APPELLANT
Versus
ALICE WANGARI KARIMI……………..…………………………..RESPONDENT
(Being Appeal against the sentence and conviction by R. NYAKUNDI, Chief Magistrate, in the Chief Magistrate’s Criminal Case No. 9 of 2004)
RULING
In this Notice of Motion dated 13th November 2006 the Applicant seeks leave of this court to file appeal out of time. The Respondent opposes that application. The main dispute revolves around calculation of the number of days from the date of the judgment complained of to the date on which this application was filed.
While the Applicant says that the judgment was delivered on 18th September 2006 as can be seen from Annexture C004, the Respondent’s Advocate Mr. Muchira argues that that could not have been so because the letter asking for proceedings and the fee receipt following payment for the proceedings are each dated 11th September 2006 and those could only have been done after the judgment in question had been issued. The Principal State Counsel Mr. Charles Orinda represented the Applicant.
In the absence of the lower court’s original record, I have no way of finding out the correct date.
As I cannot also speculate on the chance the Appellant has for success in the appeal, I will give the Applicant the opportunity to appeal.
Accordingly, this application is granted and the Applicant to file the intended appeal within seven days from to-day.
Dated this 19th day of February 2007.
J. M. KHAMONI
JUDGE