Joseph Kigorwe v Republic [2017] KEHC 7212 (KLR)
- Citation
- [2017] KEHC 7212 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- A Mabeya
- Case number
- Miscellaneous Criminal Case 1 of 2017
- Language
- English
More details
- Court
- High Court
- Panel
- A Mabeya
- Case number
- Miscellaneous Criminal Case 1 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- This order be given to the applicant forthwith.
02
Material facts
Parties
Joseph Kigorwe
ApplicantRepublic
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
04
Questions and positions
Legal issues
Whether the applicant should be granted leave to appeal out of time against the decision of the High Court.
Party arguments
- Applicant
- The applicant sought leave to appeal out of time against the decision of the High Court. There was no objection to the application.
- Respondent
- The respondent did not object to the application for leave to appeal out of time.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code (Cap 75), Section 349
Leave to appeal out of time may be granted where there is no objection and the court is satisfied with the reasons for delay.
06
Ratio, limits and disposition
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.
- 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.
- This order be given to the applicant forthwith.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU MISC CRIMINAL NO. 1 OF 2017
JOSEPH KIGORWE........................................................APPLICANT
VS
REPUBLIC...................................................................RESPONDENT
RULING
There being no objection to the application leave to appeal out of time is hereby granted to the applicant to appeal to the Court of Appeal against the decision of this Court out of time.
Such appeal to be filed within 14 days. This order be given to the applicant forthwith.
A. MABEYA
JUDGE
1/3/17
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.