[2016] KEHC 8045 (KLR)

[2016] KEHC 8045 (KLR)

The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to file an appeal out of time. The application was certified as urgent, and in the interests of justice, leave was granted to the applicant to file the intended appeal. The court...

Source-derived case information.

Citation
[2016] KEHC 8045 (KLR)
Parties
Applicant: John Mwangi Wanderi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 348 0f 20 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 Mwangi Wanderi

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 found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to file an appeal out of time. The application was certified as urgent, and in the interests of justice, leave was granted to the applicant to file the intended appeal. The court further directed that the appeal be filed and served within 14 days from the date of the ruling.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • Leave is granted to the applicant to file an appeal out of time.
  • The appeal shall be filed and served within 14 days from the date of this ruling.