[2025] KEHC 2915 (KLR)

[2025] KEHC 2915 (KLR)

The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion to allow the filing of an appeal out of time. The application was unopposed, and there was no prejudice shown to the respondent. Accordingly, the court granted the applicant leave to file the intended...

Source-derived case information.

Citation
[2025] KEHC 2915 (KLR)
Parties
Applicant: Wesley Kipngetich; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E001 of 2025
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.
Judges
JK Ng'arng'ar
Legal Topics
Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure Leave to Appeal Out of Time Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wesley Kipngetich

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 found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion to allow the filing of an appeal out of time. The application was unopposed, and there was no prejudice shown to the respondent. Accordingly, the court granted the applicant leave to file the intended appeal within 30 days from the date of the ruling, failing which the leave would lapse.

Court Disposition

Application allowed. Leave granted to file appeal out of time.

Orders

  • The applicant is granted leave to file the intended appeal within 30 days from the date of this ruling.
  • If the appeal is not filed within 30 days, the leave shall lapse.