[2005] KEHC 3271 (KLR)

[2005] KEHC 3271 (KLR)

The court exercised its discretion to grant leave to the applicant to file his appeal out of time, noting that the delay was explained and the application was not opposed by the state. The applicant's explanation that his relatives failed to file the appeal on his behalf was accepted as sufficient cause for the...

Source-derived case information.

Citation
[2005] KEHC 3271 (KLR)
Parties
Applicant: Jeremiah Ouma Oduor; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
? 124 of 2004
Procedural Posture
Criminal Application / Application for Leave to File Appeal Out of Time
Outcome
Application allowed. Leave granted to file appeal out of time.
Judges
A. Ong’injo
Legal Topics
Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure Extension of Time Criminal Appeals

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 File 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 exercised its discretion to grant leave to the applicant to file his appeal out of time, noting that the delay was explained and the application was not opposed by the state. The applicant's explanation that his relatives failed to file the appeal on his behalf was accepted as sufficient cause for the delay. Consequently, the court allowed the application and granted the applicant 21 days to file the appeal.

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.