[2023] KEHC 25054 (KLR)
The court found that the application for leave to appeal out of time was merited based on the materials presented, including the supporting affidavit and the urgency of the matter. The judge exercised judicial discretion to allow the applicant to file her appeal within 14 days from November 10, 2023, thereby...
Source-derived case information.
- Citation
- [2023] KEHC 25054 (KLR)
- Parties
- Applicant: Mercy Uyweli Musanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E009 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, Criminal Appeals Procedure
- 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
Mercy Uyweli Musanda
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 application for leave to appeal out of time was merited based on the materials presented, including the supporting affidavit and the urgency of the matter. The judge exercised judicial discretion to allow the applicant to file her appeal within 14 days from November 10, 2023, thereby facilitating access to appellate justice.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file the appeal within 14 days with effect from November 10, 2023.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
Musanda v Republic (Miscellaneous Criminal Application E009 of 2023) [2023] KEHC 25054 (KLR) (9 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25054 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E009 of 2023
DR Kavedza, J
November 9, 2023
Between
Mercy Uyweli Musanda
Applicant
and
Republic
Respondent
Ruling
1. I have considered the Notice of Motion application dated November 8, 2023 filed under certificate of urgency and the supporting affidavit of Omondi Sam Ogutu, the applicant’s advocate, of even date seeking leave to appeal out of time and for the court to admit the annexed Petition of Appeal as duly filed.
2. I am satisfied that the application is merited. I therefore order as follows:i.That the applicant is granted leave to file the appeal within 14 days with effect from November 10, 2023. File closed.
RULING DATED AND DELIVERED VIRTUALLY IN ABSENCE OF PARTIES THIS 9TH DAY OF NOVEMBER 2023. __________________D. KAVEDZAJUDGE