Simotwo v Republic (Criminal Application E095 of 2024) [2025] KECA 724 (KLR) (25 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 724
- Citation
- [2025] KECA 724 (KLR)
- Decided
- 25 April 2025
The application is allowed. The applicant is granted leave to lodge and serve the notice of appeal out of time within fourteen (14) days of today's date. He shall file and serve the record of appeal within thirty (30) days upon service of the notice of appeal to the respondent.
Facts
The applicant, Dan Kiprop Simotwo, was aggrieved by the dismissal of his appeal in his absence for want of prosecution. He wishes to appeal against the said decision to the Court of Appeal.
Issues
- Whether the applicant's application for extension of time to file an appeal out of time should be granted.
- Whether the applicant's reasons for the delay in lodging the notice of appeal are excusable.
Reasoning
The Court has unfettered discretion to extend time for any steps to be taken beyond the period provided by the Rules. The applicant's reasons for the delay in lodging the notice of appeal are excusable as he was not aware that his appeal had been determined in his absence.
Outcome
Allowed
Orders
- Leave granted to lodge and serve the notice of appeal out of time within fourteen (14) days of today's date.
- Leave granted to file and serve the record of appeal within thirty (30) days upon service of the notice of appeal to the respondent.
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