[2020] KEHC 9692 (KLR)

[2020] KEHC 9692 (KLR)

The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the circumstances justified the extension and that no prejudice would be occasioned to the respondent. The application was therefore allowed and directions given for the filing and service of the appeal within a...

Source-derived case information.

Citation
[2020] KEHC 9692 (KLR)
Parties
Applicant: Michael Munene Kamau; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 148 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Legal Topics
Leave to Appeal, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Munene Kamau

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous 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 applicant to file an appeal out of time, finding that the circumstances justified the extension and that no prejudice would be occasioned to the respondent. The application was therefore allowed and directions given for the filing and service of the appeal within a specified period.

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 from the date of this ruling.