[2016] KEHC 4533 (KLR)

[2016] KEHC 4533 (KLR)

The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the application was urgent and merited. The applicant was therefore granted leave to file the intended appeal, with directions that the appeal be filed and served within 14 days.

Source-derived case information.

Citation
[2016] KEHC 4533 (KLR)
Parties
Applicant: John Kamande Nyambura; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 238 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 Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Kamande Nyambura

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 application was urgent and merited. The applicant was therefore granted leave to file the intended appeal, with directions that the appeal be filed and served within 14 days.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The application dated 27/6/2016 is certified urgent.
  • The applicant is granted leave to file an appeal out of time.