[2016] KEHC 8284 (KLR)
The court exercised its discretion to grant the applicant leave to file an appeal out of time, having considered the urgency and the reasons advanced. The application was certified as urgent and allowed, enabling the applicant to pursue the appeal process despite the lapse of the statutory period.
Source-derived case information.
- Citation
- [2016] KEHC 8284 (KLR)
- Parties
- Applicant: Fredrick Ochieng Okoa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 375 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ochieng Okoa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to 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 the applicant leave to file an appeal out of time, having considered the urgency and the reasons advanced. The application was certified as urgent and allowed, enabling the applicant to pursue the appeal process despite the lapse of the statutory period.
Court Disposition
application allowed
Orders
- The application is certified urgent.
- The application is allowed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 375 OF 2016
FREDRICK OCHIENG OKOA...……….…..………………… APPLICANT
VERSUS
REPUBLIC………………………………………………..……..RESPONDENT
RULING
1. Application filed on 25th October, 2016 is certified urgent.
2. The same is allowed.
3. The Applicant is granted leave to file appeal out of time.
4. The appeal be filed and served within 14 days.
DATED and DELIVERED this 27th day of OCTOBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE