[2024] KEHC 12815 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely his status as a pauper and inability to pay the required fee on time. Since the respondent did not oppose the application, and the interests of justice required that the applicant be allowed to exercise...
Source-derived case information.
- Citation
- [2024] KEHC 12815 (KLR)
- Parties
- Applicant: Titus Wekesa Wamunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E114 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Appeal Out of Time, Pauper Applications, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Wekesa Wamunga
Applicant
Republic
Respondent
Procedural Posture
Criminal 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 due to inability to pay the required fee on time.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely his status as a pauper and inability to pay the required fee on time. Since the respondent did not oppose the application, and the interests of justice required that the applicant be allowed to exercise his right of appeal, the court exercised its discretion to grant leave to file the appeal out of time. The court further directed the applicant to file and serve the appeal within 14 days, and made ancillary orders to facilitate the appeal process.
Court Disposition
application allowed
Orders
- The applicant, Titus Wekesa Wamunga, is granted leave to file an appeal out of time.
- The applicant to file and serve the appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Wamunga v Republic (Criminal Miscellaneous Application E114 of 2024) [2024] KEHC 12815 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12815 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application E114 of 2024
DO Chepkwony, J
October 24, 2024
Between
Titus Wekesa Wamunga
Applicant
and
Republic
Respondent
Ruling
1. The matter is for hearing of the Notice of Motion application dated 10th September, 2024, in which the Applicant is seeking to be allowed to file an appeal out of time, since he was a pauper and was unable to raise the required fee on time. The same is supported by the grounds cited on its face and Supporting Affidavit sworn by the Applicant. The Respondent is not opposed to the prayer being sought.
2. Therefore, the Notice of Motion application dated 10th September, 2024 be and is hereby allowed in the following terms:-a.The Applicant, Titus Wekesa Wamunga is hereby granted leave to file an Appeal out of time.b.The Applicant to file and serve the Appeal within 14 days from the date hereof.c.Mention on 18th November, 2024 for parties to confirm appeal filed and take directions.d.The Deputy Registrar to call for and avail Kiambu Cr. Case No.S.O.E014 of 2022, Republic –vs- Titus Wekesa Wamunga.e.Production Order to issue for Applicant.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OFOCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:-a counsel for RespondentApplicant in person – presentM/S NdedCourt Assistant - Martin