[2019] KEHC 884 (KLR)
The court found that the Director of Public Prosecutions is entitled to appeal against an acquittal even after a full trial, and that the reasons provided for the delay in filing the appeal were satisfactory. Consequently, the court exercised its discretion to allow the application for leave to appeal out of time,...
Source-derived case information.
- Citation
- [2019] KEHC 884 (KLR)
- Parties
- Applicant: Republic; Respondent: John Karina Kuria
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 22 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DW Mbuteti
- Legal Topics
- Leave to Appeal Out of Time, Acquittal Appeal, Dangerous Driving, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Karina Kuria
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the Director of Public Prosecutions should be granted leave to appeal out of time against an acquittal after a full trial.
- 2 Whether the reasons for delay in filing the appeal are sufficient.
Ratio Decidendi
The court found that the Director of Public Prosecutions is entitled to appeal against an acquittal even after a full trial, and that the reasons provided for the delay in filing the appeal were satisfactory. Consequently, the court exercised its discretion to allow the application for leave to appeal out of time, enabling the applicant to file the petition of appeal within fourteen days.
Court Disposition
application allowed
Orders
- The Applicant may file his petition of appeal within fourteen (14) days of today.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
MISC CRIMINAL APPLICATION NO 22 OF 2019
(In the Matter of Maralal PM Traffic Case No28 of 2017)
REPUBLIC.............................................................................APPLICANT
VERSUS
JOHN KARINA KURIA...................................................RESPONDENT
R U L I N G
1. This is an application by the Director of Public Prosecutions for leave to appeal out of time against the acquittal of the Respondent, JOHN KARINA KURIA, in Maralal PM Traffic Case No 28 of 2017, where he faced a charge of causing death by dangerous driving. The Respondent was acquitted after a full trial. He has opposed the application.
2. It is rather unusual for the Director of Public Prosecutions to appeal against an acquittal that has happened after a full trial; but he undoubtedly has that right of appeal. The court will not lightly deny him an opportunity to appeal, the presumption being that indeed he has a very good reason to want to appeal.
3. I am satisfied with the reasons given for the delay in appealing. I will therefore allow the application. The Applicant may file his petition of appeal within fourteen (14) days of today. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 18TH DAY OF DECEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 19TH DAY OF DECEMBER 2019