[2020] KEHC 9527 (KLR)
The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the applicant had satisfied the requirements for extension of time under the relevant statutory provision. The ruling does not elaborate on the specific reasons for the delay or the arguments advanced...
Source-derived case information.
- Citation
- [2020] KEHC 9527 (KLR)
- Parties
- Applicant: Alex Achuti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 91 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Achuti
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 file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the applicant had satisfied the requirements for extension of time under the relevant statutory provision. The ruling does not elaborate on the specific reasons for the delay or the arguments advanced but confirms that the threshold for granting leave was met. Consequently, the applicant was granted leave and directed to file and serve the appeal within 14 days.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file appeal out of time.
- The appeal shall be filed and served within 14 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 91 OF 2020
ALEX ACHUTI………………..………...………...…………….APPLICANT
VERSUS
REPUBLIC ………………………..……….…………..…..…RESPONDENT
RULING
1. The Applicant’s application dated 02/03/2020 is allowed.
2. The Applicant is granted leave to file appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 5th day of MARCH, 2020
G.W. NGENYE-MACHARIA
JUDGE