[2017] KEHC 7212 (KLR)

[2017] KEHC 7212 (KLR)

The court granted leave to the applicant to appeal out of time because there was no objection from the respondent and the application was properly before the court. The court exercised its discretion under the relevant statutory provision to allow the applicant to file an appeal to the Court of Appeal against the...

Source-derived case information.

Citation
[2017] KEHC 7212 (KLR)
Parties
Applicant: Joseph Kigorwe; Respondent: Republic
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Case 1 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted.
Judges
A Mabeya
Legal Topics
Leave to Appeal, Extension of Time, Criminal Appeals
Source Language
english
Criminal Law Leave to Appeal Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Kigorwe

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 appeal out of time against the decision of the High Court.

Ratio Decidendi

The court granted leave to the applicant to appeal out of time because there was no objection from the respondent and the application was properly before the court. The court exercised its discretion under the relevant statutory provision to allow the applicant to file an appeal to the Court of Appeal against the decision of the High Court, provided the appeal is filed within 14 days.

Court Disposition

Leave to appeal out of time granted.

Orders

  • Leave to appeal out of time is granted to the applicant to appeal to the Court of Appeal against the decision of this Court.
  • The appeal must be filed within 14 days.