[2019] KEHC 9626 (KLR)
The court found that the delay in filing the appeal was not inordinate, as the judgment was delivered on 17th December 2018 and the application for leave was made on 30th January 2019. Considering the constitutional right of appeal and the short period of delay, the court held that it was just to grant the applicant...
Source-derived case information.
- Citation
- [2019] KEHC 9626 (KLR)
- Parties
- Applicant: Republic; Respondent: David Thithiba; Respondent: Peter Kimathi; Respondent: John Koome; Respondent: Martha Nkoro
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Right of Appeal, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Thithiba
Respondent
Peter Kimathi
Respondent
John Koome
Respondent
Martha Nkoro
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on 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 delay in filing the appeal was inordinate.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate, as the judgment was delivered on 17th December 2018 and the application for leave was made on 30th January 2019. Considering the constitutional right of appeal and the short period of delay, the court held that it was just to grant the applicant leave to appeal out of time. The application was therefore allowed, and the applicant was granted 14 days to file the appeal.
Court Disposition
application allowed
Orders
- The applicant is granted leave to appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION NO. 10 OF 2013
REPUBLIC..............................................................APPLICANT
VERSUS
DAVID THITHIBA......................................1ST RESPONDENT
PETER KIMATHI......................................2ND RESPONDENT
JOHN KOOME...........................................3RD RESPONDENT
MARTHA NKORO.....................................4TH RESPONDENT
RULING
Office of Director of Public Prosecutions vide Chamber summons dated 30th January 2019 sought that petition of appeal of even date be admitted out of time for reasons certified copies of proceedings hence served on them late but the delay was not inordinate.
It was argued that the intended appeal had overwhelming chances of success and that it will serve the interest of justice if it is allowed to be filed out of time. The application was supported by the affidavit sworn by Gitonga Muriuki on 30th January 2019.
In consideration of the constitutional right of appeal accorded to every citizen this court finds that the application for leave to appeal has not delayed inordinately considering judgment was only rendered on 17th December 2018. The application is therefore allowed. He applicants granted leave to appeal within 14 days.
...................................
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 28TH DAY OF FEBRUARY 2019.
In the presence of:
CA:-Kinoti
Ms Mbithe for state
Ms H. Gitonga and Co Advocates for Respondents – N/A
...................................
HON. A.ONG’INJO
JUDGE