[2016] KEHC 8260 (KLR)

[2016] KEHC 8260 (KLR)

The court exercised its discretion under Section 349 of the Criminal Procedure Code, finding that the applicant had demonstrated sufficient cause for the delay in filing the appeal. The court held that the interests of justice would be served by granting leave to appeal out of time, and accordingly allowed the...

Source-derived case information.

Citation
[2016] KEHC 8260 (KLR)
Parties
Applicant: Katuku Nzulwa; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 379 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application_allowed
Legal Topics
Leave to Appeal Out of Time, Criminal Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Katuku Nzulwa

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 under Section 349 of the Criminal Procedure Code, finding that the applicant had demonstrated sufficient cause for the delay in filing the appeal. The court held that the interests of justice would be served by granting leave to appeal out of time, and accordingly allowed the application, directing that the appeal be filed and served within fourteen days.

Court Disposition

application_allowed

Orders

  • Leave is granted to file an appeal out of time.
  • Appeal to be filed and served within fourteen (14) days.