[2022] KEHC 15581 (KLR)

[2022] KEHC 15581 (KLR)

The court found that the delay in filing the notice of appeal was not inordinate and that the interests of justice would be served by granting the applicant leave to appeal out of time. The court further directed the applicant to pay the necessary court fees for the preparation of proceedings and the record of...

Source-derived case information.

Citation
[2022] KEHC 15581 (KLR)
Parties
Applicant: George Opiyo Mbala; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E085 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application for leave to appeal out of time allowed.
Judges
RE Aburili
Legal Topics
Extension of Time, Criminal Appeals, Procedural Delay
Source Language
en
Criminal Law Civil Procedure Extension of Time Criminal Appeals Procedural Delay

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Summary, issues, holding and outcome

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Parties

George Opiyo Mbala

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.
  2. 2 Whether the delay in filing the notice of appeal was inordinate.

Ratio Decidendi

The court found that the delay in filing the notice of appeal was not inordinate and that the interests of justice would be served by granting the applicant leave to appeal out of time. The court further directed the applicant to pay the necessary court fees for the preparation of proceedings and the record of appeal, and deemed the notice of appeal filed on 18/7/2022 as duly filed. The court also ordered service of the notice upon the ODPP, Kisumu, and transmission of the notice and ruling to the Deputy Registrar, Kisumu Court of Appeal.

Court Disposition

Application for leave to appeal out of time allowed.

Orders

  • The application dated 18/7/2022 to appeal out of time is allowed as the delay is not inordinate.
  • The applicant shall pay for the proceedings and judgment and for the preparation of the record of appeal to the Court of Appeal by paying into court any requisite court fees as shall be assessed.