[2023] KEHC 25101 (KLR)
The court found that the application for leave to appeal out of time was merited based on the materials presented by the applicant. The judge exercised judicial discretion in favour of the applicant, granting leave to file the appeal within 14 days from 13th November 2023. The absence of opposition and the...
Source-derived case information.
- Citation
- [2023] KEHC 25101 (KLR)
- Parties
- Applicant: Kevin Mbugua Muthiora; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 35 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, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Mbugua Muthiora
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 by the applicant. The judge exercised judicial discretion in favour of the applicant, granting leave to file the appeal within 14 days from 13th November 2023. The absence of opposition and the sufficiency of the applicant's explanation for delay were determinative.
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 13th November, 2023.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
Muthiora v Republic (Miscellaneous Criminal Application 35 of 2023) [2023] KEHC 25101 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25101 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 35 of 2023
DR Kavedza, J
November 10, 2023
Between
Kevin Mbugua Muthiora
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated Notice of Motion application filed in court on 9th November, 2023 and the supporting affidavit of the applicant, Kevin Mbugua Muthiora, seeking leave to appeal out of time.
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 13th November, 2023. File closed.
RULING DATED AND DELIVERED VIRTUALLY IN ABSENCE OF PARTIES THIS 10TH DAY OF NOVEMBER 2023. ...........................D. KAVEDZAJUDGE