Abadiba v Republic (Criminal Appeal E030 of 2022) [2023] KEHC 2645 (KLR) (28 March 2023) (Ruling) Neutral citation: [2023] KEHC 2645 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARISSA CRIMINAL APPEAL E030 OF 2022 JN ONYIEGO, J MARCH 28, 2023 BETWEEN ADAN WEDA ABADIBA ........................................................................ APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. I have considered the chamber summons which is not dated seeking leave of court to appeal out of time. According to the appellant he did not know how to apply for leave and that in any event there was no electricity (power) within Wajir town. 2. However, the appeal is not opposed. Sentence was delivered on April 28, 2022 and this appeal filed on June 14, 2022 translating to about 1 ½ month’s delay. I do not find the same unreasonable. Considering that the applicant is a lay person. I will grant him an opportunity to exhaust his right of appeal. 3. Accordingly, application is allowed as prayed. To that extent, the appeal is admitted and parties to file their respective submissions within 30 days. Hearing June 26, 2023. RULING READ, DELIVERED IN OPEN COURT THIS…28TH DAY OF MARCH, 2023. J N ONYIEGO JUDGE 28- 03-2023 In the Presence of: Appellant/ Applicant Mr Kihara for the state. Martin/ Mohamed- Court Assistants. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2645/eng@2023-03-28 1
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