[2018] KECA 887 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the circumstances justified the extension. The application was allowed, and the applicant was granted leave to file and serve the appeal within 14 days.
Source-derived case information.
- Citation
- [2018] KECA 887 (KLR)
- Parties
- Applicant: Alexander Mwanthi Musisya; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 242 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- 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
Alexander Mwanthi Musisya
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 applicant to file an appeal out of time, finding that the circumstances justified the extension. The application was allowed, and the applicant was granted leave to file and serve the appeal within 14 days.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file appeal out of time.
- Appeal to 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. 242 OF 2018
ALEXANDER MWANTHI MUSISYA................................APPLICANT
VERSUS
REPUBLIC .......................................................................RESPONDENT
RULING
1. The Applicant’s application dated 22/11/2018 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 22nd day ofNovember, 2018
G.W. NGENYE-MACHARIA
JUDGE