[2016] KEHC 7769 (KLR)

[2016] KEHC 7769 (KLR)

The court exercised its discretion to allow the applicant to file and serve the appeal out of time, finding that the application met the threshold for extension of time. The ruling does not elaborate on the reasons, but the grant of leave indicates the court was satisfied that justice required the applicant be given...

Source-derived case information.

Citation
[2016] KEHC 7769 (KLR)
Parties
Applicant: Bernard Mbugua Kinyanjui; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 138 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Legal Topics
Leave to Appeal, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Extension of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Bernard Mbugua Kinyanjui

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file and serve an appeal out of time.

Ratio Decidendi

The court exercised its discretion to allow the applicant to file and serve the appeal out of time, finding that the application met the threshold for extension of time. The ruling does not elaborate on the reasons, but the grant of leave indicates the court was satisfied that justice required the applicant be given an opportunity to appeal.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file and serve the appeal within 14 days.