[2023] KEHC 26675 (KLR)
The court found that the applicant had presented a meritorious application for extension of time to appeal. Upon considering the supporting affidavit and the absence of opposition, the court exercised its discretion in favour of the applicant, granting leave to file the appeal out of time within 21 days from the...
Source-derived case information.
- Citation
- [2023] KEHC 26675 (KLR)
- Parties
- Applicant: Joseph Kiriso alias Japolo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 53 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- DR Kavedza
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Kiriso alias Japolo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal 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.
Ratio Decidendi
The court found that the applicant had presented a meritorious application for extension of time to appeal. Upon considering the supporting affidavit and the absence of opposition, the court exercised its discretion in favour of the applicant, granting leave to file the appeal out of time within 21 days from the date of the ruling.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file their appeal out of time within 21 days from the date of the ruling.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Kiriso v Republic (Miscellaneous Criminal Application 53 of 2023) [2023] KEHC 26675 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26675 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 53 of 2023
DR Kavedza, J
December 19, 2023
Between
Joseph Kiriso alias Japolo
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application and the supporting affidavit of the applicant seeking leave to appeal out of time. I am satisfied that the application is merited. I therefore make the following orders:1. The applicant is hereby granted leave to file their appeal out of time within 21 days from the date hereof.2. File closed.
RULING DATED AND DELIVERED THIS 19TH DAY OF DECEMBER 2023. ...............................D. KAVEDZAJUDGE