[2024] KEHC 4241 (KLR)

[2024] KEHC 4241 (KLR)

The court determined that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number rather than as a miscellaneous application. The Case Tracking System (CTS) assigned an appeal number due to this error. The court held that procedural propriety requires such...

Source-derived case information.

Citation
[2024] KEHC 4241 (KLR)
Parties
Applicant: Said Hussein Hassan; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E015 of 2024
Procedural Posture
Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
Outcome
application struck out with liberty to file proper application
Judges
DR Kavedza
Legal Topics
Leave to Appeal Out of Time, Procedural Irregularity
Source Language
en
Criminal Law Leave to Appeal Out of Time Procedural Irregularity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Said Hussein Hassan

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant can be granted leave to appeal out of time through a notice of motion filed under an appeal number instead of a miscellaneous application.
  2. 2 Whether the court should strike out the application for procedural impropriety.

Ratio Decidendi

The court determined that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number rather than as a miscellaneous application. The Case Tracking System (CTS) assigned an appeal number due to this error. The court held that procedural propriety requires such applications to be filed as miscellaneous matters. Consequently, the application was struck out, but the applicant was granted liberty to file a proper miscellaneous application seeking the same relief.

Court Disposition

application struck out with liberty to file proper application

Orders

  • The undated notice of motion application is struck out.
  • The applicant is at liberty to file a proper miscellaneous application seeking leave to appeal out of time.