[2016] KEHC 8257 (KLR)
The court found that the application was urgent and merited, and exercised its discretion to grant leave to the applicant to file an appeal out of time. The court certified the application as urgent and allowed it, directing that the appeal be filed and served within 14 days from the date of the ruling.
Source-derived case information.
- Citation
- [2016] KEHC 8257 (KLR)
- Parties
- Applicant: Geofrey Wafula Wakhanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 385 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Legal Topics
- Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Wafula Wakhanya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the application was urgent and merited, and exercised its discretion to grant leave to the applicant to file an appeal out of time. The court certified the application as urgent and allowed it, directing that the appeal be filed and served within 14 days from the date of the ruling.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The application is certified urgent.
- Leave is granted to the applicant to file an appeal out of time.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 385 OF 2016
GEOFREY WAFULA WAKHANYA...……….…..……………........APPLICANT
VERSUS
REPUBLIC………………………………………………..……..RESPONDENT
RULING
1. Application filed on 28th October, 2016 is certified urgent.
2. The same is allowed with orders that the Applicant is granted leave to file appeal out of time.
3. The appeal be filed and served within 14 days.
DATED and DELIVERED this 1st day of November, 2016.
G.W. NGENYE-MACHARIA
JUDGE