https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9314
The court found the undated application and supporting affidavit merited the exercise of discretion in favour of the applicant, and consequently granted leave to appeal out of time.
Source-derived case information.
- Citation
- [2026] KEHC 9314 (KLR)
- Parties
- Appellant: John Wanyoike Mwaura; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E016 of 2026
- Procedural Posture
- Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed
- Judges
- ["DR Kavedza"]
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wanyoike Mwaura
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant had established sufficient cause to warrant leave to appeal out of time
Ratio Decidendi
The court found the undated application and supporting affidavit merited the exercise of discretion in favour of the applicant, and consequently granted leave to appeal out of time.
Court Disposition
Application allowed
Orders
- The applicant is granted leave to file the appeal out of time within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Mwaura v Republic (Criminal Appeal E016 of 2026) [2026] KEHC 9314 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 9314 (KLR) Republic of Kenya In the High Court at Kibera Criminal Appeal E016 of 2026 DR Kavedza, J June 24, 2026 Between John Wanyoike Mwaura Appellant and Republic Respondent Ruling I have considered the undated application and the supporting affidavit of the applicant seeking leave to appeal out of time. I am satisfied that the application is merited. I therefore make the following orders: 1.The applicant is hereby granted leave to file their appeal out of time within 14 days from the date hereof. RULING DATED AND DELIVERED VIRTUALLY THIS 24TH DAY OF JUNE 2026D. KAVEDZAJUDGE