[2018] KEHC 8555 (KLR)
The court found that the applicant failed to provide a credible or sufficient explanation for the inordinate delay of four years and six months in seeking leave to appeal out of time. The reason advanced, that the Notice of Appeal did not reach the Court of Appeal, was not accepted as credible, particularly given...
Source-derived case information.
- Citation
- [2018] KEHC 8555 (KLR)
- Parties
- Applicant: Yare Adan Mohamed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 1 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- A Mabeya
- Legal Topics
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yare Adan Mohamed
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause to warrant grant of leave to appeal out of time.
- 2 Whether the delay of four years and six months in filing the appeal is excusable.
Ratio Decidendi
The court found that the applicant failed to provide a credible or sufficient explanation for the inordinate delay of four years and six months in seeking leave to appeal out of time. The reason advanced, that the Notice of Appeal did not reach the Court of Appeal, was not accepted as credible, particularly given that the applicant's case had already been considered by two courts. The court held that inordinate delay without satisfactory explanation cannot be excused, and therefore declined to grant the application for leave to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CRIMINAL APPLICATION CASE NO. 1 OF 2018
YARE ADAN MOHAMED.....APPLICANT
VERSUS
REPUBLIC...........................RESPONDENT
RULING
1. YARE ADAN MOHAMED has applied for leave to appeal out of time. He is aggrieved against the judgment of this Court (Hon. Lesiit J.) made on 5th June, 2013 upholding the judgment of the Senior Principal Magistrate’s Court, Isiolo wherein he had been convicted with the offence of defilement contrary to Section 8 (1) (3) of the Sexual Offenses Act.
2. The time for appealing expired on 19th June, 2013. There is therefore a delay of four (4) years and six (6) months. That is in all circumstances, inordinate.
3. The reasons advanced for the delay is that he had appealed but his Notice did not get to the Court of Appeal. I do not find the reason advanced to be credible. The applicant has had two courts consider his case.
DATED and DELIVERED at MERU this 1st day of February, 2018.
A. MABEYA
JUDGE