[2018] KEHC 8653 (KLR)
The court found that the applicant's explanation for the nine-month delay—a breakdown in communication between the Prisons Department and the court registry—was credible and plausible. The court further considered the severity of the sentence (20 years imprisonment) and the fact that the applicant had served less...
Source-derived case information.
- Citation
- [2018] KEHC 8653 (KLR)
- Parties
- Applicant: Wako Jattani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 3 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- leave to appeal out of time granted
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Appeals Process, Sexual Offences, Conviction Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wako Jattani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient and credible reasons for the delay in filing the appeal out of time.
- 2 Whether it is just and fair to grant leave to appeal considering the length of the sentence imposed.
Ratio Decidendi
The court found that the applicant's explanation for the nine-month delay—a breakdown in communication between the Prisons Department and the court registry—was credible and plausible. The court further considered the severity of the sentence (20 years imprisonment) and the fact that the applicant had served less than a year, concluding that it would be just and fair to allow the applicant an opportunity to appeal. The combination of a reasonable explanation for the delay and the interests of justice in allowing a potentially meritorious appeal led the court to grant leave to appeal out of time.
Court Disposition
leave to appeal out of time granted
Orders
- Leave to appeal out of time is granted.
- The Notice of Appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION CASE NO. 3 OF 2018
WAKO JATTANI .........................................................APPLICANT
-VERSUS-
REPUBLIC..............................................................RESPONDENT
RULING
1. WAKO JATTANI has applied for leave to appeal out of time. He is aggrieved against the judgment of this Court (Hon. Kiarie J.) made on 27th April, 2017 upholding the judgment of the Principal Magistrate’s Court, Isiolo wherein he had been convicted with the offence of rape contrary to Section 3 (1) (a) and (c) of the Sexual Offences Act No. 3 of 2006 and sentenced to 20 years imprisonment..
2. The time for appealing expired on 1st May, 2017. He lodged the present application on 17th January, 2018. There is therefore a delay of nine (9) months. That is in all circumstances, inordinate.
3. The reasons advanced for the delay is that there occurred a filing problem between the Prisons Documentation Office and this Court’s registry whereby he was unable to lodge his appeal in time. The Applicant has contended that the intended appeal has overwhelming chances of success.
4. Having considered the case in its entirety, I find the reasons advanced for a delay of just nine months to be credible. It is not farfetched that, in the normal course of events, there can be breakdown of communication between this Court’s registry and the Prisons Department wherein the Applicant is being held. To my mind, that is a plausible explanation.
5. Further, and what weighed heavily on my decision, considering the long sentence which the Applicant is serving and that he has only spent less than a year out of the twenty he is to serve, it is just and fair to grant the Applicant an opportunity to ventilate his case before a higher Court for consideration.
6. Accordingly, leave is granted as prayed. The Notice of Appeal be filed within 14 days of the date hereof.
DATED and DELIVERED at MERU this 24th day of January, 2018.
A. MABEYA
JUDGE