The Notice of motion dated 18th September 2024 seek to have the applicant granted leave to appeal out of time. The applicant has informed the court that Judgment was rendered way back in October 2023 but the court was not able to provide them with certified copies of proceedings until4/9/2024 when they got the final copy of the proceedings.
I have taken note that the applicant moved this court with 15 days of receipt of the record and in my view the delay was not inordinate considering the period taken by the court to supply the proceedings.
The court notes that the appeal intends to challenge a 10 year period of imprisonment. It is clear to me that if leave is denied the applicant will be prejudiced.
In the spirit of Article 159 of the constitution I hereby grant the applicant leave to facilitate the access to court under Article 48 of the constitution so as to ventilate his case on merit.
The Respondents did not oppose the application and rightly so in my view.
In the end the Applicant shall file and serve the intended appeal within 7 days from the date here of failing which the leave shall be deemed to have lapsed.
It is so ordered.