Automated Summary
Key Facts
Peter Loyan Emojon was convicted in 2015 for robbery with violence under Penal Code sections 295 and 296(2) and sentenced to death. His appeal to the High Court was dismissed in 2019. In 2024, he applied to the Court of Appeal for leave to appeal out of time, which was granted. The applicant must file a notice of appeal within 14 days and the record of appeal within 30 days.
Issues
- The court considered whether to grant the applicant leave to appeal out of time against the conviction and death sentence, based on the applicant's claim that he was not furnished with the proceedings and judgment in good time. The state supported the application, citing the heavy sentence, and the court referenced Rule 4 and the Supreme Court's guidance in Agatha vs. Azad [2022] KESC 1 (KLR).
- The applicant argued that he was not furnished with the proceedings and judgment in good time, which prevented him from filing the appeal within the required period. This was a key ground for seeking leave to appeal out of time, and the court evaluated whether this justified the delay under its discretion.
Holdings
The Court of Appeal granted the applicant leave to appeal out of time against his conviction and death sentence. The court held that the application met the threshold for the exercise of discretion under Rule 4, citing the Supreme Court's guidance in Agatha vs. Azad & 3 others [2022] KESC 1 (KLR). The applicant is allowed to file his notice of appeal within 14 days and the record of appeal within 30 days.
Remedies
The Court of Appeal granted the applicant leave to appeal out of time against his conviction and death sentence. The applicant is required to file his notice of appeal within 14 days from the date of this order and the record of appeal within 30 days.
Legal Principles
The Court applied Rule 4 of its own rules, which allows for the extension of time for filing appeals, as interpreted by the Supreme Court in Agatha vs. Azad & 3 others [2022] KESC 1 (KLR).
Precedent Name
Agatha vs. Azad & 3 others
Cited Statute
Penal Code
Judge Name
Peter M. Gachoka
Passage Text
- 1. In his Notice of Motion dated 28th August 2024, the applicant seeks the leave of this Court to appeal out of time against the conviction and sentence of the High Court sitting at Naivasha in HCCRA No. 39 of 2016. In Naivasha CM Criminal Case No. 15 of 2015, the applicant was charged with the offence of robbery with violence to section 295 as read with section 296 (2) of the Penal Code. The matter went for full trial where the applicant was convicted and sentenced to death. The applicant challenged those findings before the Naivasha High Court. In her judgment dated 27th May 2019, Meoli, J. found that the appeal against the conviction and sentence lacked merit and was dismissed.
- 5. I have considered the application, the supporting affidavit, the annexures thereto, the respondent's submissions and the law. I am satisfied to hold that the application has met the threshold for the exercise of discretion by this Court. Consequently, applicant shall file his notice of appeal within 14 days from the date of this order. Thereafter, the record of appeal shall be filed and served within 30 days.
- 4. Rule 4 of this Court's rules provides that the Court may extend the time limited by these Rules for the doing of any act authorized or required by the Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended. Its principles have been well enunciated by the Supreme Court in Agatha vs. Azad & 3 others [2022] KESC 1 (KLR).