[2005] KEHC 3383 (KLR)
The court found that the applicant's inability to file the appeal within the statutory period was due to the lower court's delay in supplying the certified copy of the ruling and proceedings, despite the applicant's prompt request. The court held that this constituted sufficient cause under section 349 of the...
Source-derived case information.
- Citation
- [2005] KEHC 3383 (KLR)
- Parties
- Applicant: Republic of Kenya; Respondent: Wycliffe Alubokho Wanga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 32 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Wycliffe Alubokho Wanga
Respondent
Procedural Posture
Miscellaneous 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 under section 349 of the Criminal Procedure Code.
- 2 Whether the delay in filing the appeal was occasioned by circumstances beyond the applicant's control.
Ratio Decidendi
The court found that the applicant's inability to file the appeal within the statutory period was due to the lower court's delay in supplying the certified copy of the ruling and proceedings, despite the applicant's prompt request. The court held that this constituted sufficient cause under section 349 of the Criminal Procedure Code to warrant the exercise of discretion in favour of the applicant. Consequently, leave to appeal out of time was granted, with directions that the petition of appeal be filed within 14 days from the date of the order.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to file an appeal out of time.
- The petition of appeal shall be filed within 14 days from the date of this order.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL DIVISION
MISC CRIM APPLI 32 OF 2005
REPUBLIC .............................................................................................................................APPLICANT
V E R S U S
WYCLIFFE ALUBOKHO WANGA .............................................................................RESPONDENT
R U L I N G
The Applicant, the Republic of Kenya, sought in its application dated 11-5-2005 leave to file appeal out of time from the Ruling of the Resident Magistrate at Mumias made on 23-3-2005 in Mumias Criminal Case No.1507 of 2004. The application seeking a copy of the judgement and proceedings was made immediately after the ruling but it was not until 04. 05. 2005 that the court certified the same and furnished the State Counsel, Mr. Daniel Karuri with a copy on 5-5-2005.
I am satisfied that the Applicant’s inability to enter appeal within the time laid down by section 349 of the Criminal Procedure Code Cap.75 was caused by the failure of the lower court to supply the applicant with a copy of the Ruling and Proceedings within a reasonable time. In these circumstances, I allow the application and grant the applicant leave to file appeal out of time. I order that the Petition of Appeal shall be filed within 14 days from the date of this order.
I also allow the application in H.C.CR.MISC. Application No.31 of 2005 and make orders in that application similar to these ones.
It is so ordered.
Dated at Kakamega this 14th day of July, 2005.
G. B. M. KARIUKI
J U D G E