[1996] KECA 160 (KLR)
The court held that the applicant failed to provide a satisfactory explanation for the inordinate delay of over one year in seeking leave to appeal out of time. Ignorance of the procedures for appealing does not constitute a sufficient reason to justify such delay. The court found no evidence that the single judge...
Source-derived case information.
- Citation
- [1996] KECA 160 (KLR)
- Parties
- Applicant: Robert Thumi Gitau; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 2 of 1993
- Procedural Posture
- Criminal Application / Reference to Full Court Under Rule 54 From Single Judge's Refusal of Leave to Appeal Out of Time
- Outcome
- Reference dismissed.
- Judges
- RO Kwach, AM Akiwumi
- Legal Topics
- Leave to Appeal Out of Time, Exercise of Discretion, Conviction and Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Thumi Gitau
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Reference to Full Court Under Rule 54 From Single Judge's Refusal of Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the inordinate delay in seeking leave to appeal out of time.
- 2 Whether the single judge exercised his discretion wrongly in refusing leave to appeal out of time.
Ratio Decidendi
The court held that the applicant failed to provide a satisfactory explanation for the inordinate delay of over one year in seeking leave to appeal out of time. Ignorance of the procedures for appealing does not constitute a sufficient reason to justify such delay. The court found no evidence that the single judge exercised his discretion wrongly or on the wrong principles. Accordingly, the reference to the full court failed and was dismissed.
Court Disposition
Reference dismissed.
Orders
- The reference to the full court is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO & AKIWUMI, JJ.A.) CRIMINAL APPLICATION NO. NAI. 2 OF 1993
BETWEEN
ROBERT THUMI GITAU .....................................APPLICANT
AND
REPUBLIC ...........................................................REPUBLIC
(Appeal from a judgment of the High Court of Kenya at Nairobi (Mbaluto, J.) dated 18th March, 1993 in H.C.CR. A. NO. 1382 OF 1992) ***********************
RULING OF THE COURT:
This is a reference to the Full Court under rule 54 of the Court of Appeal Rules from the decision of Muli J.A. sitting as a single Judge whereby he dismissed an application by Robert Thumi Gitau (the applicant) for leave to appeal out of time.
The decision against which the applicant wishes to appeal was given on 18th March, 1992 by Mbaluto J. who dismissed his appeal against both conviction and sentence on a charge of conveying suspected stolen property for which he was sentenced to 3 years imprisonment.
The application for leave to appeal out of time was not made until 2nd April, 1993, more than one year after the dismissal of the applicant's appeal by the superior court. The reason given for the delay was that the applicant was ignorant about the procedures of mounting anappeal to this Court.
It has not been shown to our satisfaction that the Judge exercised his discretion wrongly because on the material before us we are satisfied that there has been an inordinate delay which has not been explained. In the result this reference fails and it is dismissed.
Dated and delivered at Nairobi this 16th day of July, 1996.
R.O. KWACH
............................
JUDGE OF APPEAL
R.S.C. OMOLO
.............................
JUDGE OF APPEAL
A.M. AKIWUMI
..............................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR