[2018] KEHC 5245 (KLR)

[2018] KEHC 5245 (KLR)

The court found that although the delay of three years in filing the appeal was inordinate, the applicants should not be punished for the failures of their previous advocate. The request for proceedings and judgment was made late, and thus the delay could not be blamed on the court. However, since the applicants had...

Source-derived case information.

Citation
[2018] KEHC 5245 (KLR)
Parties
Applicant: Stephen Otieno Onyango; Applicant: Cargo Rollers Ltd; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 May 2018
Case Number
Miscellaneous Application 8 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Outcome
application allowed
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals, Time Limitation, Advocate Negligence
Source Language
english
Criminal Law Civil Procedure Leave to Appeal Out of Time Criminal Appeals Time Limitation Advocate Negligence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stephen Otieno Onyango

Applicant

Cargo Rollers Ltd

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause to warrant leave to file an appeal out of time.
  2. 2 Whether the delay in filing the appeal can be excused under section 349 of the Criminal Procedure Code.
  3. 3 Whether the omission of the applicants' previous advocate justifies extension of time.

Ratio Decidendi

The court found that although the delay of three years in filing the appeal was inordinate, the applicants should not be punished for the failures of their previous advocate. The request for proceedings and judgment was made late, and thus the delay could not be blamed on the court. However, since the applicants had already paid the fine and there was no prejudice to the respondent, the court exercised its discretion to allow the application for leave to appeal out of time, subject to strict timelines to prevent further delay.

Court Disposition

application allowed

Orders

  • Leave to file appeal out of time is granted.
  • Petition of appeal to be filed and served within 7 days.