[2005] KEHC 1705 (KLR)
The court exercised its discretion to grant leave to the applicant to file his appeal out of time, considering that the delay was explained as being due to the applicant's relatives failing to file the appeal as expected, and there was no opposition from the state. The absence of objection and the explanation...
Source-derived case information.
- Citation
- [2005] KEHC 1705 (KLR)
- Parties
- Applicant: Jeremiah Ouma Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 124 of 2004
- Procedural Posture
- Criminal Application / 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, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Ouma Oduor
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / 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 his appeal out of time, considering that the delay was explained as being due to the applicant's relatives failing to file the appeal as expected, and there was no opposition from the state. The absence of objection and the explanation provided constituted sufficient cause for the extension of time under the relevant legal provisions.
Court Disposition
Application allowed. Leave granted to file appeal out of time.
Orders
- The applicant is granted 21 days leave to file the appeal out of time.
- The appeal will be heard on 13th October, 2005.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT NAKURU Criminal Application 124 of 2004 (In the matter of an intended appeal) Between JEREMIAH OUMA ODUOR…………………………………APPLICANT And REPUBLIC……………………………………………….….RESPONDENT RULING
The applicant has applied for leave to file his appeal out of time. He has explained that though the relatives were supposed to file the same for him, they never did so. The state, through Mr. Gumo, Assistant Deputy Public Prosecutor has not opposed the application. In view of the above, the applicant is hereby granted 21 days leave to file the appeal out of time. Appeal will be heard on 13th October, 2005. MUGA APONDI JUDGE 28TH JULY, 2005
Ruling written, read and signed in open Court.