1. Felister Lolikille, the Applicant, seeks leave to appeal out of time. The Applicant was charged, convicted and sentenced to fifteen (15) years imprisonment for the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. The application is premised on grounds that the Applicant did not appeal within the period provided because of circumstances beyond her control and the appeal has overwhelming chances of success.
3. Further, she avers that being in prison she faced practical difficulties in filing the appeal.
4. Section 349 of the Criminal Procedure Code provides;
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
5. The Applicant was required to file the appeal within the statutory 14 days. Notably, the Applicant is incarcerated which is compounded by illiteracy hence must depend on another person to come up with any document. The factors that barred the Applicant from accessing the court and justice as expected are sufficient reasons such that it would be in the interest of justice to allow her ventilate her grievances on appeal.
6. Therefore, the Applicant is granted leave to file the appeal within 14 days hereof. The Deputy Registrar shall ensure she is furnished with the lower court record.
7. It is so ordered.
2. The application is premised on grounds that the Applicant did not appeal within the period provided because of circumstances beyond her control and the appeal has overwhelming chances of success.
3. Further, she avers that being in prison she faced practical difficulties in filing the appeal.
4. Section 349 of the Criminal Procedure Code provides;
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
5. The Applicant was required to file the appeal within the statutory 14 days. Notably, the Applicant is incarcerated which is compounded by illiteracy hence must depend on another person to come up with any document. The factors that barred the Applicant from accessing the court and justice as expected are sufficient reasons such that it would be in the interest of justice to allow her ventilate her grievances on appeal.
6. Therefore, the Applicant is granted leave to file the appeal within 14 days hereof. The Deputy Registrar shall ensure she is furnished with the lower court record.
7. It is so ordered.