[2025] KEHC 2792 (KLR)

[2025] KEHC 2792 (KLR)

The court exercised its discretion to allow the application for leave to appeal out of time, finding that the applicant had satisfied the threshold for extension of time. The court ordered that the applicant must file the intended appeal within 30 days from the date of the ruling, failing which the leave granted...

Source-derived case information.

Citation
[2025] KEHC 2792 (KLR)
Parties
Applicant: Shadrack Kipngetich Chirchir alias Balozi; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E003 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Judges
JK Ng'arng'ar
Legal Topics
Leave to Appeal, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Extension of Time Criminal Appeals

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

Shadrack Kipngetich Chirchir alias Balozi

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 had satisfied the threshold for extension of time. The court ordered that the applicant must file the intended appeal within 30 days from the date of the ruling, failing which the leave granted would lapse. The court further directed that the Office of the Director of Public Prosecutions (ODP) and the applicant be notified and marked the matter as closed.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file an appeal within 30 days from the date of the ruling.
  • If the appeal is not filed within 30 days, the leave lapses.