[2016] KEHC 7773 (KLR)
The court exercised its discretion to allow the application for leave to file an appeal out of time, having considered the urgency and the reasons advanced by the applicant. The application was certified as urgent and allowed, enabling the applicant to file and serve the appeal within 14 days from the date of the...
Source-derived case information.
- Citation
- [2016] KEHC 7773 (KLR)
- Parties
- Applicant: Joseph Ndetto Kimunyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 237 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 Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ndetto Kimunyu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 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 file an appeal out of time, having considered the urgency and the reasons advanced by the applicant. The application was certified as urgent and allowed, enabling the applicant to file and serve the appeal within 14 days from the date of the ruling.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The application is certified urgent.
- The applicant is granted leave to file an appeal out of time.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO 237 OF 2016
JOSEPH NDETO KIMUNYU…….......…….……APPLICANT
Versus
REPUBLIC …………………………….…..…RESPONDENT
RULING
1. Application filed on 27/6/2016 is certified urgent.
2. The same is allowed. The Applicant is granted leave to file an appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 27thday of June, 2016.
G.W. NGENYE-MACHARIA
JUDGE