[2016] KEHC 8306 (KLR)

[2016] KEHC 8306 (KLR)

The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the applicant met the threshold for the grant of such leave. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied with the application and thus...

Source-derived case information.

Citation
[2016] KEHC 8306 (KLR)
Parties
Applicant: Joel Mburu Muiruri alias John Kimani Gachaiya; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 409 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joel Mburu Muiruri alias John Kimani Gachaiya

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 exercised its discretion to allow the application for leave to file an appeal out of time, finding that the applicant met the threshold for the grant of such leave. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied with the application and thus granted leave, directing that the appeal be filed and served within 14 days.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • Leave granted to file appeal out of time.
  • The appeal be filed and served within 14 days.