[2025] KEHC 488 (KLR)

[2025] KEHC 488 (KLR)

The court found merit in the applicant's request for leave to file an appeal out of time, having considered the application and supporting affidavit. The absence of opposition and the reasons advanced by the applicant justified the exercise of judicial discretion in favour of granting the extension. Accordingly,...

Source-derived case information.

Citation
[2025] KEHC 488 (KLR)
Parties
Applicant: John Etiang; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E113 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Judges
DK Kemei
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Etiang

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 found merit in the applicant's request for leave to file an appeal out of time, having considered the application and supporting affidavit. The absence of opposition and the reasons advanced by the applicant justified the exercise of judicial discretion in favour of granting the extension. Accordingly, leave was granted to file and serve the Petition of Appeal within 14 days.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file and serve Petition of Appeal within 14 days.
  • The file is closed but shall be placed alongside the appeal file for reference purposes.