[2023] KEHC 23867 (KLR)
The court found that the applicant provided a plausible and satisfactory explanation for the delay in filing the appeal, namely, that the proceedings and judgment were not made available to him in good time due to the transfer of the trial magistrate. The delay was not inordinate, and no prejudice would be...
Source-derived case information.
- Citation
- [2023] KEHC 23867 (KLR)
- Parties
- Applicant: Vincent Ouma Wayoga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E037 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Robbery With Violence, Assault Causing Actual Bodily Harm, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ouma Wayoga
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 a plausible explanation for the delay in filing the appeal out of time.
- 2 Whether the delay in filing the appeal is inordinate and whether granting leave would prejudice any party.
Ratio Decidendi
The court found that the applicant provided a plausible and satisfactory explanation for the delay in filing the appeal, namely, that the proceedings and judgment were not made available to him in good time due to the transfer of the trial magistrate. The delay was not inordinate, and no prejudice would be occasioned to any party by granting the extension. In the interest of justice and to safeguard the applicant's right of appeal, the court exercised its discretion to allow the application and granted leave to file the appeal out of time.
Court Disposition
application allowed
Orders
- Leave is granted to Vincent Ouma Wayoga to file an appeal out of time from Winam Senior Principal Magistrate Criminal Case No 998 of 2021.
- The appeal shall be filed and served upon the ODPP within 10 days of the ruling date.
Full Case Text
Judgment text and source record
22 paragraphs
Wayoga v Republic (Miscellaneous Criminal Application E037 of 2023) [2023] KEHC 23867 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23867 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E037 of 2023
RE Aburili, J
October 6, 2023
Between
Vincent Ouma Wayoga
Applicant
and
Republic
Respondent
Ruling
1. The application dated August 1, 2023 was filed during the recess on August 9, 2023. The Applicant Vincent Ouma Wayoga seeks leave of this court to file an appeal out of time from judgment, conviction and sentence in Winam Senior Principal Magistrate Criminal Case No 998 of 2021 wherein he was convicted on two counts of Robbery with violence and assault causing actual bodily harm on May 19, 2023 by Hon Oruo CNC, Principal Magistrate and he was sentenced to serve ten (10) years imprisonment to run from November 22, 2021 when the accused was remanded in custody.
2. The convict did not file an appeal within the 14 days stipulated in law. He filed this application on August 9, 2023 stating that the proceedings and Judgment were not availed to him in good time and indeed I can see from the certification thereof that the trial magistrate was transferred to Rongo Law Courts from where he delivered the judgment and certified the proceedings on June 5, 2023.
3. The explanation for the delay is therefore plausible and as the delay is not inordinate, and to allow the convict exercise his right of appeal as no prejudice will be occasioned to any person if leave to extend time for filing of appeal is granted, I hereby allow the application dated August 1, 2023 and grant the Applicant herein Vincent Ouma Wayoga leave extending time for filing of the appeal from Winam Senior Principal Magistrate Criminal Case No 998 of 2021 out of time.
4. The appeal shall be filed and served upon the ODPP within 10 days of today.
5. Registry to notify the applicant’s counsel.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE