[2023] KEHC 26145 (KLR)
The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was considered merited, and the interests of justice required that the applicant be allowed to file the intended appeal, provided it is done...
Source-derived case information.
- Citation
- [2023] KEHC 26145 (KLR)
- Parties
- Appellant: Patrick Macharia Muchiri alias Mzee Wa Kajiji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 46 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- DR Kavedza
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Macharia Muchiri alias Mzee Wa Kajiji
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal 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 found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was considered merited, and the interests of justice required that the applicant be allowed to file the intended appeal, provided it is done within the stipulated period.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file their appeal out of time within 21 days from the date of the ruling.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Muchiri v Republic (Miscellaneous Criminal Application 46 of 2023) [2023] KEHC 26145 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26145 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 46 of 2023
DR Kavedza, J
November 30, 2023
Between
Patrick Macharia Muchiri alias Mzee Wa Kajiji
Appellant
and
Republic
Respondent
Ruling
1. I have considered the notice of motion and the supporting affidavit of the applicant seeking leave to appeal out of time. I am satisfied that the application is merited. I therefore make the following orders:1. The applicant is hereby granted leave to file their appeal out of time within 21 days from the date hereof.2. File closed.
RULING DATED AND DELIVERED THIS 30TH DAY OF NOVEMBER 2023D. KAVEDZAJUDGE