[2016] KEHC 4545 (KLR)

[2016] KEHC 4545 (KLR)

The court found that the application was urgent and, exercising its discretion under the Criminal Procedure Code, granted the applicant leave to file an appeal out of time. The court ordered that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue appellate remedies despite the...

Source-derived case information.

Citation
[2016] KEHC 4545 (KLR)
Parties
Applicant: Hesbon Khayizi Alizulala; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 197 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Leave to file appeal out of time granted.
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

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Summary, issues, holding and outcome

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Parties

Hesbon Khayizi Alizulala

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 found that the application was urgent and, exercising its discretion under the Criminal Procedure Code, granted the applicant leave to file an appeal out of time. The court ordered that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue appellate remedies despite the expiration of the original filing period.

Court Disposition

Leave to file appeal out of time granted.

Orders

  • The application is certified urgent.
  • Leave is granted to the applicant to file appeal out of time.