[2024] KEHC 9875 (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 on its merits, and in the absence of opposition and given the interests of justice, the court allowed the application and granted...
Source-derived case information.
- Citation
- [2024] KEHC 9875 (KLR)
- Parties
- Applicant: Charles Muhia Munoru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E071 of 2024
- 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
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Parties
Charles Muhia Munoru
Applicant
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 on its merits, and in the absence of opposition and given the interests of justice, the court allowed the application and granted the applicant 21 days from the date of the ruling to file the intended appeal.
Court Disposition
application allowed
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
Munoru v Republic (Miscellaneous Criminal Application E071 of 2024) [2024] KEHC 9875 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9875 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E071 of 2024
DR Kavedza, J
July 30, 2024
Between
Charles Muhia Munoru
Applicant
and
Republic
Respondent
Ruling
1. I have considered the notice of motion dated 10th June 2024 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 VIRTUALLY THIS 30TH DAY OF JULY 2024______________D. KAVEDZAJUDGE