[2016] KEHC 8285 (KLR)
The court exercised its discretion to grant leave to the applicant to file an appeal out of time, having considered the urgency of the application and the interests of justice. The application was certified urgent, and the applicant was allowed to file and serve the appeal within 14 days from the date of the ruling.
Source-derived case information.
- Citation
- [2016] KEHC 8285 (KLR)
- Parties
- Applicant: Isaac Obongo Onyinywa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 404 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave granted to file appeal out of time.
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Obongo Onyinywa
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 leave to the applicant to file an appeal out of time, having considered the urgency of the application and the interests of justice. The application was certified urgent, and the applicant was allowed to file and serve the appeal within 14 days from the date of the ruling.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- Application certified urgent.
- Leave granted to the applicant to file 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. 404 OF 2016
ISAAC OBONGO ONYINYWA.…..………..………………… APPLICANT
VERSUS
REPUBLIC………………………………………………..……..RESPONDENT
RULING
1. Application filed on 18th November, 2016 is certified urgent.
2. Leave granted to the Applicant to file appeal out of time.
3. The appeal be filed and served within 14 days.
DATED and DELIVERED this 8th day of NOVEMBER, 2016.
G.W. NGENYE-MACHARIA
JUDGE