[2025] KEHC 2586 (KLR)

[2025] KEHC 2586 (KLR)

The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to appeal out of time. The court emphasized the importance of access to justice and the right to appeal, and determined that no prejudice would be occasioned to the respondent by...

Source-derived case information.

Citation
[2025] KEHC 2586 (KLR)
Parties
Applicant: Isack Kiprono Kirui; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E004 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
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

Isack Kiprono Kirui

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 in granting leave to appeal out of time. The court emphasized the importance of access to justice and the right to appeal, and determined that no prejudice would be occasioned to the respondent by allowing the application. Accordingly, the application was allowed and the applicant was granted 30 days to file the intended appeal.

Court Disposition

application allowed

Orders

  • The application to appeal out of time is allowed.
  • The applicant to file the intended appeal within 30 days from the date of the ruling, failing which the leave lapses.