[2016] KEHC 8054 (KLR)

[2016] KEHC 8054 (KLR)

The court exercised its discretion to allow the application, finding the matter urgent and granting the applicant leave to file an appeal out of time. The court directed that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue appellate remedies despite the lapse of the original...

Source-derived case information.

Citation
[2016] KEHC 8054 (KLR)
Parties
Applicant: Joseph Wambua Bahati; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 266 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
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Wambua Bahati

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 file an appeal out of time.

Ratio Decidendi

The court exercised its discretion to allow the application, finding the matter urgent and granting the applicant leave to file an appeal out of time. The court directed that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue appellate remedies despite the lapse of the original limitation period.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The application dated 21/7/2016 is certified urgent and allowed.
  • Applicant is granted leave to file appeal out of time.