[2023] KEHC 26036 (KLR)
The court found that the application for leave to appeal out of time was merited based on the supporting affidavit and the circumstances presented by the applicants. The judge exercised judicial discretion to allow the extension, enabling the applicants to file their appeal within 21 days from the date of the ruling.
Source-derived case information.
- Citation
- [2023] KEHC 26036 (KLR)
- Parties
- Applicant: Joseph Macharia Mugo; Applicant: Anne Akeyo Musanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E017 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Macharia Mugo
Applicant
Anne Akeyo Musanda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file an appeal out of time.
Ratio Decidendi
The court found that the application for leave to appeal out of time was merited based on the supporting affidavit and the circumstances presented by the applicants. The judge exercised judicial discretion to allow the extension, enabling the applicants to file their appeal within 21 days from the date of the ruling.
Court Disposition
application allowed
Orders
- The applicants are 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
18 paragraphs
Mugo & another v Republic (Miscellaneous Criminal Application E017 of 2023) [2023] KEHC 26036 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26036 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E017 of 2023
DR Kavedza, J
November 30, 2023
Between
Joseph Macharia Mugo
1st Applicant
Anne Akeyo Musanda
2nd Applicant
and
Republic
Respondent
Ruling
1. I have considered the application and the supporting affidavit of the applicants seeking leave to appeal out of time. I am satisfied that the application is merited. I therefore make the following orders:1. The applicants are 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 2023_______________D. KAVEDZAJUDGE