[2023] KEHC 515 (KLR)
The court found that the State's application for leave to file an appeal out of time was made without inordinate delay. The judge exercised discretion in favour of the applicant, holding that the reasons advanced by the State were sufficient and that the respondent would not suffer prejudice. Consequently, the...
Source-derived case information.
- Citation
- [2023] KEHC 515 (KLR)
- Parties
- Applicant: Republic; Respondent: Hezekiel Macharia Wanyoike
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E043 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Judges
- A. Ong’injo
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hezekiel Macharia Wanyoike
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the State demonstrated sufficient cause to warrant leave to file an appeal out of time.
- 2 Whether there was inordinate delay in bringing the application for extension of time.
Ratio Decidendi
The court found that the State's application for leave to file an appeal out of time was made without inordinate delay. The judge exercised discretion in favour of the applicant, holding that the reasons advanced by the State were sufficient and that the respondent would not suffer prejudice. Consequently, the application was allowed and the State was granted 14 days to file the intended appeal.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- The State/Applicants have a further 14 days to file appeal.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Wanyoike (Miscellaneous Criminal Application E043 of 2022) [2023] KEHC 515 (KLR) (2 February 2023) (Ruling)
Neutral citation: [2023] KEHC 515 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Criminal Application E043 of 2022
A. Ong’injo, J
February 2, 2023
Between
Republic
Applicant
and
Hezekiel Macharia Wanyoike
Respondent
Ruling
1. By a notice of motion dated September 26, 2022 the state sought for leave to file appeal out of time. The application is supported by the grounds on its face & affidavit of Franklin Sirima - Prosecution Counsel sworn on 26th September 2022.
2. The application was opposed by Hezekiel Macharia Wanyoike replying affidavit sworn on 7th November 2022. The Respondent also filed submissions dated 14th November 2022.
3. I have considered the application and find that there was no inordinate delay in seeking for orders herein. The application for leave to file appeal out of time is allowed.
4. The State/Applicants have a further 14 days to file appeal.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Otolo - Court AssistantMr. Angiema Advocate for RespondentMr. Sirma for State