[2025] KEHC 2585 (KLR)

[2025] KEHC 2585 (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 requirements for extension of time. The court ordered that the intended appeal must be filed within 30 days from the date of the ruling, failing which the leave granted...

Source-derived case information.

Citation
[2025] KEHC 2585 (KLR)
Parties
Applicant: Caleb Cheruiyot Marisin; Respondent: Republic
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E020 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed; leave to file appeal out of time granted.
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

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Parties

Caleb Cheruiyot Marisin

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 requirements for extension of time. The court ordered that the intended appeal must be filed within 30 days from the date of the ruling, failing which the leave granted would lapse. The court further directed that notice be issued to both the applicant and the respondent, and marked the matter as closed.

Court Disposition

Application allowed; leave to file appeal out of time granted.

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 lapses.