[2016] KEHC 8317 (KLR)

[2016] KEHC 8317 (KLR)

The court exercised its discretion to allow the application for leave to appeal out of time, having certified the matter as urgent and finding it appropriate to grant the applicant an opportunity to file the intended appeal. The court did not record any opposition from the respondent and found no reason to deny the...

Source-derived case information.

Citation
[2016] KEHC 8317 (KLR)
Parties
Applicant: John Muriu Njeri; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 395 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to file appeal out of time granted.
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Muriu Njeri

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 appeal out of time, having certified the matter as urgent and finding it appropriate to grant the applicant an opportunity to file the intended appeal. The court did not record any opposition from the respondent and found no reason to deny the applicant the right to be heard on appeal. The orders were made to ensure the applicant could access the appellate process despite the delay.

Court Disposition

Application allowed. Leave to file appeal out of time granted.

Orders

  • The application is certified urgent.
  • The applicant is granted leave to file appeal out of time.