[2023] KEHC 26143 (KLR)

[2023] KEHC 26143 (KLR)

The court found that the applicant had demonstrated merit in the application for leave to appeal out of time. Exercising its discretion under the relevant statutory provision, the court was satisfied that sufficient cause had been shown to warrant the extension. Accordingly, the applicant was granted leave to file...

Source-derived case information.

Citation
[2023] KEHC 26143 (KLR)
Parties
Appellant: Charles Muhia Munoru; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 47 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
Criminal Law Leave to Appeal Out of Time Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles Muhia Munoru

Appellant

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.

Ratio Decidendi

The court found that the applicant had demonstrated merit in the application for leave to appeal out of time. Exercising its discretion under the relevant statutory provision, the court was satisfied that sufficient cause had been shown to warrant the extension. Accordingly, the applicant was granted leave to file the appeal out of time within 21 days from the date of the ruling.

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 hereof.
  • File closed.