Daudi v Republic (Criminal Application E021 of 2021) [2023] KECA 563 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 563
- Citation
- [2023] KECA 563 (KLR)
- Decided
- 12 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to lodge an appealCoramASIKE-MAKHANDIA
Holding
The court allowed the application and deemed the notice and memorandum of appeal as duly lodged and served upon payment of the requisite court fees.
Facts
The applicant, Jackson Mutisya Daudi, sought to appeal a judgment of the High Court of Kenya at Machakos delivered on October 13, 2020, but was unable to do so within the time limit due to lack of access to legal counsel.
Issues
- Whether the applicant's delay in filing the appeal was inordinate or great as to be inexcusable.
- Whether the delay was reasonable and in the interest of justice.
- Whether the appeal was arguable based on the draft memorandum of appeal annexed to the application.
Reasoning
The court found that the delay in filing the appeal was about one year, which the court considered not inordinate. The application was not opposed, and the court was satisfied with the reasons advanced by the applicant.
Outcome
The application was granted.
Orders
- The notice and memorandum of appeal annexed to the application are hereby deemed as having been duly lodged and served upon payment of the requisite court fees.
Authorities cited
Cases cited (1)
- Salat v Independent Electoral & Boundaries Commission & 7 Others [2014] KLR – SCK.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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