[2019] KEHC 11971 (KLR)

[2019] KEHC 11971 (KLR)

The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding that the application met the threshold for extension of time as provided under the law. The court did not elaborate on the reasons but allowed the application as prayed in Prayer 3 of the Notice of Motion dated...

Source-derived case information.

Citation
[2019] KEHC 11971 (KLR)
Parties
Applicant: Daniel Wanguchu Ng'ang'a; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 26 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
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

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

Daniel Wanguchu Ng'ang'a

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 an appeal out of time.

Ratio Decidendi

The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding that the application met the threshold for extension of time as provided under the law. The court did not elaborate on the reasons but allowed the application as prayed in Prayer 3 of the Notice of Motion dated 5/02/2019.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file appeal out of time.
  • The appeal to be filed and served within 21 days.