[2016] KEHC 4543 (KLR)
The court exercised its discretion to grant leave to the applicant to file an appeal out of time, having certified the application as urgent and being satisfied that the circumstances justified extension of time. The applicant was directed to file and serve the appeal within 14 days.
Source-derived case information.
- Citation
- [2016] KEHC 4543 (KLR)
- Parties
- Applicant: Benard Mudamba Mwinamo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 196 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- 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
Benard Mudamba Mwinamo
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 grant leave to the applicant to file an appeal out of time, having certified the application as urgent and being satisfied that the circumstances justified extension of time. The applicant was directed to file and serve the appeal within 14 days.
Court Disposition
Leave to appeal out of time granted.
Orders
- Leave is granted to the applicant to file appeal out of time.
- The applicant shall file and serve the appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
MISC. CRIMINAL APPLICATION NO. 196 OF 2016
BENARD MUDAMBA MWINAMO…….……………………APPLICANT
Versus
REPUBLIC ……………………………….………………..…RESPONDENT
RULING
The application filed on 20/5/2016 is certified urgent.
Leave is granted to the Applicant to file appeal out of time.
The Applicant should file and serve the appeal within 14 days.
DATED and DELIVERED in Nairobi this 24thday of May, 2016.
G.W. NGENYE-MACHARIA
JUDGE