[2016] KEHC 4540 (KLR)
The court exercised its discretion to grant leave to the applicant to appeal out of time, finding that the application met the threshold for extension of time under the relevant legal provisions. The applicant is therefore permitted to file and serve the appeal within 14 days from the date of the ruling.
Source-derived case information.
- Citation
- [2016] KEHC 4540 (KLR)
- Parties
- Applicant: Aaron Kitungu Mbuvi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 100 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application granted. Leave to appeal out of time allowed.
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aaron Kitungu Mbuvi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time.
Ratio Decidendi
The court exercised its discretion to grant leave to the applicant to appeal out of time, finding that the application met the threshold for extension of time under the relevant legal provisions. The applicant is therefore permitted to file and serve the appeal within 14 days from the date of the ruling.
Court Disposition
Application granted. Leave to appeal out of time allowed.
Orders
- Leave to appeal out of time is granted to the applicant.
- The applicant shall file and serve the appeal within 14 days.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
MISC. CRIMINAL APPLICATION NO. 100 OF 2016
AARON KITUNGU MBUVI…………….………………………APPLICANT
Versus
REPUBLIC ……………………………….………………..…RESPONDENT
RULING
1. The application dated 18/3/2016 is granted. Leave to appeal out of time is allowed to the Applicant.
2. The Applicant to file and serve the appeal within 14 days
DATED and DELIVERED in Nairobi this 24thday of May, 2016.
G.W. NGENYE-MACHARIA
JUDGE