[2023] KEHC 26034 (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. The judge exercised discretion in favour of the applicant, granting the extension sought to ensure access to justice and the right of appeal is not unduly hindered by...
Source-derived case information.
- Citation
- [2023] KEHC 26034 (KLR)
- Parties
- Applicant: Rose Monyani Musanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 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
Rose Monyani 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 supporting affidavit and the circumstances presented. The judge exercised discretion in favour of the applicant, granting the extension sought to ensure access to justice and the right of appeal is not unduly hindered by procedural technicalities.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is hereby granted leave to file their appeal out of time within 21 days from the date hereof.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Musanda v Republic (Miscellaneous Criminal Application E016 of 2023) [2023] KEHC 26034 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26034 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E016 of 2023
DR Kavedza, J
November 30, 2023
Between
Rose Monyani Musanda
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application 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:i.The applicant is hereby granted leave to file their appeal out of time within 21 days from the date hereof.ii.File closed.
RULING DATED AND DELIVERED THIS 30TH DAY OF NOVEMBER 2023_______________D. KAVEDZAJUDGE