[2025] KEHC 2940 (KLR)

[2025] KEHC 2940 (KLR)

The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the applicant had satisfied the threshold for extension of time under the relevant statutory provision. The court noted that the interests of justice would be served by granting the applicant an...

Source-derived case information.

Citation
[2025] KEHC 2940 (KLR)
Parties
Applicant: Festus Kipkemoi Kigen; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E022 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave granted to file appeal out of time within 30 days.
Judges
JK Ng'arng'ar
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

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Festus Kipkemoi Kigen

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal 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 for leave to file an appeal out of time, finding that the applicant had satisfied the threshold for extension of time under the relevant statutory provision. The court noted that the interests of justice would be served by granting the applicant an opportunity to appeal, and no prejudice was demonstrated by the respondent. The order was made conditional upon the applicant filing the intended appeal within 30 days, failing which the leave would lapse.

Court Disposition

Application allowed. Leave granted to file appeal out of time within 30 days.

Orders

  • The applicant is granted leave to file the intended appeal out of time.
  • The intended appeal must be filed within 30 days from the date of this ruling, failing which the leave lapses.