[2023] KEHC 27519 (KLR)

[2023] KEHC 27519 (KLR)

The court exercised its discretion to grant the applicant leave to file an appeal out of time, having considered the notice of motion and the supporting affidavit. The applicant was given seven days from the date of the ruling to file the appeal, failing which the leave would automatically lapse. The court set a...

Source-derived case information.

Citation
[2023] KEHC 27519 (KLR)
Parties
Applicant: Fredrick Kavaji Musavakwa; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E038 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave granted to file appeal out of time.
Judges
MS Shariff
Legal Topics
Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure 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

Fredrick Kavaji Musavakwa

Applicant

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 exercised its discretion to grant the applicant leave to file an appeal out of time, having considered the notice of motion and the supporting affidavit. The applicant was given seven days from the date of the ruling to file the appeal, failing which the leave would automatically lapse. The court set a mention date to confirm compliance.

Court Disposition

Application allowed. Leave granted to file appeal out of time.

Orders

  • The applicant is granted leave to file his appeal out of time within seven days from the date hereof; in default, leave will automatically lapse.
  • Mention on 31st October, 2023 to confirm compliance.