[2022] KECA 551 (KLR)
The court found that the applicant had disclosed plausible reasons for the delay in filing the notice of appeal, namely abandonment by his family and failure to secure legal representation as promised. The application was unopposed, and the court was satisfied that no prejudice would be occasioned to the respondent...
Source-derived case information.
- Citation
- [2022] KECA 551 (KLR)
- Parties
- Applicant: Maurice Ouma Wangaruo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 39 of 2019
- Procedural Posture
- Criminal Application / Ruling on Application to Extend Time for Filing Notice of Appeal
- Outcome
- Application allowed. Time for filing notice of appeal extended.
- Judges
- PO Kiage
- Legal Topics
- Extension of Time, Notice of Appeal, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Ouma Wangaruo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application to Extend Time for Filing Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice of appeal.
- 2 Whether the court should exercise its discretion to extend time for lodging the notice of appeal.
Ratio Decidendi
The court found that the applicant had disclosed plausible reasons for the delay in filing the notice of appeal, namely abandonment by his family and failure to secure legal representation as promised. The application was unopposed, and the court was satisfied that no prejudice would be occasioned to the respondent by granting the extension. Accordingly, the court exercised its discretion under Rule 4 of the Court of Appeal Rules to allow the application and deemed the notice of appeal as filed within time.
Court Disposition
Application allowed. Time for filing notice of appeal extended.
Orders
- The applicant's notice of appeal is deemed as filed within time.
- The Deputy Registrar is directed to follow up to have the record filed in timely fashion.
Full Case Text
Judgment text and source record
21 paragraphs
Wangaruo v Republic (Criminal Application 39 of 2019) [2022] KECA 551 (KLR) (27 May 2022) (Ruling)
Neutral citation: [2022] KECA 551 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Application 39 of 2019
PO Kiage, JA
May 27, 2022
Between
Maurice Ouma Wangaruo
Applicant
and
Republic
Respondent
(Application from a judgment of the High Court of Kenya at Siaya (Makau, J.) delivered on 27th June, 2017 in HCCRC No. 1 of 2016)
Ruling
1. The applicant, Maurice Ouma Wangaruo, applies by the motion dated 14th October, 2019 that the time for lodging a notice of appeal against the dismissal of his first appeal by the High Court at Siaya be extended. He had appealed against conviction and a 15-year sentence of imprisonment meted on him by the Magistrate’s Court at Ukwala.
2. He states in the grounds on the motion’s face and a supporting affidavit sworn on 23rd October, 2019 that his family members have abandoned him in prison custody and that he filed a notice of appeal late because a promise by his family members to hire an advocate for him did not materialize.
3. In submissions in response to the application signed and filed by Ligami Shitsama, learned Prosecution Counsel, the respondent points out that the grant of an application such as this lies in the discretion of the Court. He adds that the applicant’s reasons for delay should be accorded the benefit of doubt.
4. The application being therefore unopposed, and seeing that no prejudice will be occasioned by grant of the motion which I think has disclosed plausible reasons for the delay, I am minded to exercise my free and unfettered discretion to extend time under Rule 4 of the Court of Appeal Rules.
5. The motion is thus allowed and the applicant’s notice of appeal be and is hereby deemed as filed within time. Given the time already taken, I direct that the Hon. Deputy Registrar do follow up to have the record filed in timely fashion.
DATED AND DELIVERED AT KISUMU THIS 27 TH DAY OF MAY, 2022P. O. KIAGE......................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR