[2017] KEHC 389 (KLR)

[2017] KEHC 389 (KLR)

The court granted leave to the applicant to appeal to the Court of Appeal because the application, though brought by way of a Petition of Appeal, was filed within one year of the judgment sought to be appealed against. The court found this sufficient to allow the application for leave, notwithstanding the procedural...

Source-derived case information.

Citation
[2017] KEHC 389 (KLR)
Parties
Applicant: Adam Meeme Kithinji; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 40 of 2012
Procedural Posture
Criminal Case / Ruling on Application for Leave to Appeal
Outcome
Leave to appeal granted.
Judges
A Mabeya
Legal Topics
Leave to Appeal, Criminal Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adam Meeme Kithinji

Applicant

Republic

Respondent

Procedural Posture

Criminal Case / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal to the Court of Appeal.
  2. 2 Whether the application for leave was properly brought before the court.

Ratio Decidendi

The court granted leave to the applicant to appeal to the Court of Appeal because the application, though brought by way of a Petition of Appeal, was filed within one year of the judgment sought to be appealed against. The court found this sufficient to allow the application for leave, notwithstanding the procedural error in the mode of application.

Court Disposition

Leave to appeal granted.

Orders

  • Leave is granted to the applicant to appeal to the Court of Appeal.
  • The Notices of Appeal be lodged within 14 days.