[2025] KEHC 2540 (KLR)
The court found that since the respondent did not oppose the application and the applicant had set out grounds in her supporting affidavit, it was just to grant leave to file and serve an appeal out of time. The court exercised its discretion in favour of the applicant, allowing the application and setting timelines...
Source-derived case information.
- Citation
- [2025] KEHC 2540 (KLR)
- Parties
- Applicant: Eunice Wairimu Karwenji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E007 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed; leave to appeal out of time granted.
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Wairimu Karwenji
Applicant
Republic
Respondent
Procedural Posture
Criminal 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.
- 2 Whether the costs of the application should be waived.
Ratio Decidendi
The court found that since the respondent did not oppose the application and the applicant had set out grounds in her supporting affidavit, it was just to grant leave to file and serve an appeal out of time. The court exercised its discretion in favour of the applicant, allowing the application and setting timelines for filing and service of the appeal and record of appeal.
Court Disposition
Application allowed; leave to appeal out of time granted.
Orders
- The applicant is granted leave to file and serve an appeal out of time.
- The applicant to file and serve her appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
19 paragraphs
Karwenji v Republic (Criminal Miscellaneous Application E007 of 2025) [2025] KEHC 2540 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2540 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application E007 of 2025
DO Chepkwony, J
February 17, 2025
Between
Eunice Wairimu Karwenji
Applicant
and
Republic
Respondent
Ruling
1. The matter is for mention for parties to take directions on the Notice of Motion filed on 31st December, 2021 in which the Applicant is seeking for orders that:-a.The Applicant be granted leave to file an appeal out of time.b.Spent.c.The costs of the application be waived.
2. The application is grounded on the grounds set out in the Supporting Affidavit sworn by the Applicant.
3. The application has not been opposed by the Respondent, through M/S Ndeda, counsel for the State.
4. In view of this, the Notice of Motion application filed on 31st December, 2024 is hereby allowed on the following terms.a.The Applicant be and is hereby granted leave to file and serve an appeal out of time.b.The Applicant to file and serve her appeal within 14 days from the date hereof to enable an appeal file be opened.c.The Deputy Registrar to compile, file and serve a Record of Appeal.d.Mention on 6th March, 2025 for parties to confirm:-i.Opening of an appeal file.ii.Filing and service of Record of Appeal.iii.Directions on hearing of the appeal.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF FEBRUARY , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Applicant in person –presentM/S Ndeda counsel for RespondentCourt Assistant - Martin