[2022] KEHC 10278 (KLR)
The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to file an appeal out of time. The application was unopposed, and there was no evidence of prejudice to the respondent. The court therefore allowed the application and directed that...
Source-derived case information.
- Citation
- [2022] KEHC 10278 (KLR)
- Parties
- Applicant: Shadrack Amakombo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E003 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to file appeal out of time granted.
- Judges
- WM Musyoka
- 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
Shadrack Amakombo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal 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 found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to file an appeal out of time. The application was unopposed, and there was no evidence of prejudice to the respondent. The court therefore allowed the application and directed that the appeal be filed within thirty days at the appropriate High Court.
Court Disposition
Application for leave to file appeal out of time granted.
Orders
- Leave to file appeal out of time is granted.
- Appeal to be filed within thirty days.
Full Case Text
Judgment text and source record
18 paragraphs
Amakombo v Republic (Miscellaneous Criminal Application E003 of 2021) [2022] KEHC 10278 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10278 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E003 of 2021
WM Musyoka, J
June 24, 2022
Between
Shadrack Amakombo
Applicant
and
Republic
Respondent
Ruling
1. The Motion, dated October 18, 2021, is for leave to file appeal out of time. I hereby grant the same. Appeal to be filed in the next thirty days.
2. The matter having arisen out of Vihiga PMCCRC No. 37 of 2019, the appeal shall be filed at the High Court of Kenya at Vihiga.
3. This order to be made available to the applicant and the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24THDAY OF JUNE, 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Shadrack Amakombo, the applicant, in person.