[2020] KEHC 5643 (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. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied that justice required granting the...
Source-derived case information.
- Citation
- [2020] KEHC 5643 (KLR)
- Parties
- Applicant: Meshack Mwendwa Mbaluka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 147 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Mwendwa Mbaluka
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous 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 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. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied that justice required granting the extension sought.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file appeal out of time.
- The appeal shall be filed and served within 14 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 147 OF 2020
MESHACK MWENDWA MBALUKA…………………….APPLICANT
VERSUS
REPUBLIC ………………………..……….……………RESPONDENT
RULING
1. The Applicant’s application dated 20/05/2020 is allowed.
2. The Applicant is granted leave to file appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 20thday ofMay, 2020.
G.W. NGENYE-MACHARIA
JUDGE