[2016] KEHC 6039 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely, financial constraints that prevented his relatives from hiring a lawyer in time. Since the application was unopposed by the State, the court exercised its discretion and granted the applicant leave to...
Source-derived case information.
- Citation
- [2016] KEHC 6039 (KLR)
- Parties
- Appellant: Richard Mutie Mbindyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 102 of 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time
- Outcome
- Application allowed.
- Judges
- LN Mutende
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mutie Mbindyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely, financial constraints that prevented his relatives from hiring a lawyer in time. Since the application was unopposed by the State, the court exercised its discretion and granted the applicant leave to appeal out of time, allowing him to file the appeal within fourteen days.
Court Disposition
Application allowed.
Orders
- Applicant granted leave to appeal out of time within 14 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL APPEAL NO. 102 OF 2015
RICHARD MUTIE MBINDYO..............APPELLANT
VERSUS
REPUBLIC ……………….......…… RESPONDENT
(Being an appeal from the original conviction and sentence in Kitui Chief Magistrate’s Court Criminal Case No. 510 of 2015 by Hon. A. S. Lesootia S R M on 09/06/15)
R U L I N G
By an application dated 28th December, 2015,the Applicant seeks leave to appeal out of time. The application is based on grounds that the Applicant was not able to appeal within the required fourteen (14) daysbecause his relatives who were to hire a lawyer to represent him failed to act due to financial constraints.
The application is unopposed. The State through Ms. Amojongresponded that they had no reason to oppose it. In the premises, I grant the Applicant leave to appeal out of time within 14 days.
It is so ordered.
Dated, Signedand Deliveredat Kituithis 1stday of March,2016.
L. N. MUTENDE
JUDGE