[2016] KEHC 8056 (KLR)
The court exercised its discretion to grant leave to the applicant to file an appeal out of time, having considered the urgency of the application and the reasons advanced for the delay. The court found that it was in the interest of justice to allow the application, thereby enabling the applicant to pursue the...
Source-derived case information.
- Citation
- [2016] KEHC 8056 (KLR)
- Parties
- Applicant: Daniel Mwangangi Mwinzi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 346 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- Leave to file appeal out of time granted.
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Mwangangi Mwinzi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File 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 considered the urgency of the application and the reasons advanced for the delay. The court found that it was in the interest of justice to allow the application, thereby enabling the applicant to pursue the appeal on its merits.
Court Disposition
Leave to file appeal out of time granted.
Orders
- Leave is granted to the applicant to file an appeal out of time.
- The appeal shall be filed and served within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OKENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATON NO. 346 0F 2016
DANIEL MWANGANGI MWINZI……………………..........……….APPLICANT
VERSUS
REPUBLIC………………………………………..………………RESPONDENT
RULING
1. Application filed on 20/9/2016 certified urgent.
2. Leave granted to file appeal out of time.
3. The same be filed and served within 14 days
DATED AND DELIVERED ON 21ST SEPTEMBER 2016
G.W. NGENYE-MACHARIA
JUDGE