[2021] KEHC 6902 (KLR)
The court found that the applicant's ill health and his attempt to exercise his right of appeal, which was not opposed by the respondent, constituted good cause under section 349 of the Criminal Procedure Code. The absence of opposition and the applicant's explanation for delay justified the grant of leave to appeal...
Source-derived case information.
- Citation
- [2021] KEHC 6902 (KLR)
- Parties
- Applicant: Zakayo Shikabi Shabukaya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 510 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application allowed. Applicant granted fourteen days to appeal.
- Legal Topics
- Extension of Time, Right of Appeal, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Zakayo Shikabi Shabukaya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has demonstrated good cause for extension of time to file an appeal out of time.
- 2 Whether the applicant's ill health and alleged attempt to appeal constitute sufficient grounds under section 349 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant's ill health and his attempt to exercise his right of appeal, which was not opposed by the respondent, constituted good cause under section 349 of the Criminal Procedure Code. The absence of opposition and the applicant's explanation for delay justified the grant of leave to appeal out of time. The court exercised its discretion to allow the application, granting the applicant fourteen days within which to file the appeal.
Court Disposition
Application allowed. Applicant granted fourteen days to appeal.
Orders
- The applicant is granted fourteen (14) days within which to appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION- MILIMANI COURT
MISC. CRIMINAL APPLICATION NO. 510 OF 2019
ZAKAYO SHIKABI SHABUKAYA..................APPLICANT
VERSES
REPUBLIC.........................................................RESPONDENT
RULING
1. By way of Notice of Motion filed herein on the 21st November, 2019, the Applicant seeks to appeal out time. In an affidavit in support of the Application, the applicant avers that he was unable to appeal due to health problems, and, that the appeal has high chances of succeeding.
2. The Application is unopposed.
3. Section 349 of Criminal Procedure Code provides thus:
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
4. The Applicant herein was convicted for the offence of defilement and sentenced to life imprisonment on 1st February, 2018. In his oral application he alleges that he filed an application/ appeal but got no response from the court. A search in the system did not materialize in any other alleged application.
5. From the allegation of the Applicant that was not opposed by the Respondent, that he suffered from ill health and that he attempted to exercise his right of appeal, this is a good cause for the court to grant the relief sought.
6. In the premises, I grant the Applicant fourteen (14) days within which to appeal.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 20TH DAY OF MAY 2021.
L .N.MUTENDE
JUDGE