Evelynne Johnson v Republic [2020] KEHC 973 (KLR)
- Court
- High Court of Kenya
- Case number
- 973
- Citation
- [2020] KEHC 973 (KLR)
The appeal is admitted out of time and the Record of Appeal dated 24th November 2020 is deemed as duly filed. The appellant is granted bail of Ksh. 5,000 pending the hearing and determination of the appeal.
Facts
The appellant was convicted and sentenced for stealing, but her relatives were unaware of the conviction and unable to file the appeal within the 14-day period due to financial constraints.
Issues
- Whether the court should enlarge the time within which the appeal may be filed
- Whether the court should grant bail pending appeal
Reasoning
The court exercised its discretion under Section 349 of the Criminal Procedure Code, finding the delay was not inordinate and was caused by financial constraints. The court also granted bail under Section 357 of the Criminal Procedure Code, considering the appellant's right to appeal and the conditions for bail pending appeal.
Outcome
Appeal allowed, bail granted
Orders
- Appeal admitted out of time
- Record of Appeal deemed as duly filed
- Bail granted
Remedies
- Bail of Ksh. 5,000 pending appeal
Authorities cited
Legislation (3)
- Criminal Procedure Code
- Section 349
- Section 357
Cases cited (2)
- Sila Mutiso v Rose Hellen Wangari Mwangi Civil Application No. 255 of 1997 UR
- Jirraj Shah v Republic [1980] LKR 605
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