[2019] KEHC 3727 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for extension of time under the relevant statutory provision. The ruling does not elaborate on the reasons but grants the orders sought, indicating satisfaction that the applicant's...
Source-derived case information.
- Citation
- [2019] KEHC 3727 (KLR)
- Parties
- Applicant: Joseph Ngethe Wanjiru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 464 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Legal Topics
- Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ngethe Wanjiru
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
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 applicant to file an appeal out of time, finding that the application met the threshold for extension of time under the relevant statutory provision. The ruling does not elaborate on the reasons but grants the orders sought, indicating satisfaction that the applicant's grounds justified the extension.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- Applicant is granted leave to file appeal out of time.
- The appeal to be filed and served within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MILIMANI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 464 OF 2018
JOSEPH NGETHE WANJIRU.................................... APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
RULING
Application dated 6/8/2019 is allowed. Applicant is granted leave to file appeal out of time. The appeal to be filed and served within 14 days.
The trial court file to be remitted back to the magistrate’s court for purposes of typing of proceedings.
Dated and Delivered at Nairobi This 30th September, 2019.
G.W.NGENYE-MACHARIA
JUDGE.