[2025] KEHC 2942 (KLR)

[2025] KEHC 2942 (KLR)

The court exercised its discretion to allow the application for leave to appeal out of time, finding that the applicant met the threshold for extension. The applicant is granted 30 days from the date of the ruling to file the intended appeal, failing which the leave lapses. The court considered the interests of...

Source-derived case information.

Citation
[2025] KEHC 2942 (KLR)
Parties
Applicant: Peter Kiplangat Cheruiyot; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E023 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application for leave to appeal out of time allowed.
Judges
JK Ng'arng'ar
Legal Topics
Leave to Appeal Out of Time, Criminal Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Kiplangat Cheruiyot

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 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 appeal out of time, finding that the applicant met the threshold for extension. The applicant is granted 30 days from the date of the ruling to file the intended appeal, failing which the leave lapses. The court considered the interests of justice and the absence of demonstrated prejudice to the respondent.

Court Disposition

Application for leave to appeal out of time allowed.

Orders

  • The applicant is granted 30 days from today to file the intended appeal, failing which the leave lapses.
  • Notice to issue to the Respondent and the Applicant.