REPUBLIC V SAMSON KARAFA KEVOLWE & 3 OTHERS [2005] KEHC 92 (KLR)
- Court
- High Court of Kenya
- Case number
- 92
- Citation
- [2005] KEHC 92 (KLR)
- Decided
- 16 March 2005
The applications are allowed, and the time for lodging appeal is extended to the date on which the Applicant lodged the Petitions of Appeal (28.10.2004) which are hereby deemed to have been filed out of time with the leave of court.
Facts
State filed two identical applications seeking leave to file appeal out of time from the acquittal of two respondents in Vihiga Criminal Case No. 1289 of 2003. The acquittal was on 18.8.2004, and the application for copies of the judgment was made on 1.9.2004. The lower court supplied the judgment and proceedings on 21.10.2004, by which time the time for lodging appeal had run out.
Issues
- Whether there was undue delay in applying for leave to appeal out of time
- Whether the applications were an afterthought or intended to punish the respondents
Reasoning
The court found no inordinate delay in applying for the judgment or leave, and there was no evidence to support the allegation that the application was an afterthought or intended to punish the respondents.
Outcome
Applications allowed
Orders
- Time for lodging appeal extended to 28.10.2004
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