[2019] KEHC 4037 (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 such leave. The ruling does not elaborate on the reasons, but the order granting leave indicates that the court was satisfied with the applicant's...
Source-derived case information.
- Citation
- [2019] KEHC 4037 (KLR)
- Parties
- Applicant: Mary Mukami; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 415 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mukami
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 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 such leave. The ruling does not elaborate on the reasons, but the order granting leave indicates that the court was satisfied with the applicant's explanation for the delay or found no prejudice to the respondent.
Court Disposition
application allowed
Orders
- Leave to file appeal out of time is allowed.
- The applicant shall file and serve the appeal within 14 days.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MILIMANI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 415 OF 2019
MARY MUKAMI......................................................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
RULING
The application dated 04/09/2019 is allowed. Leave to file appeal out of time is allowed. The Applicant shall file and serve the appeal within 14 days.
Dated and Delivered at Nairobi This 25th September, 2019.
G.W.NGENYE-MACHARIA
JUDGE.