[2023] KEHC 26676 (KLR)

[2023] KEHC 26676 (KLR)

The court found that the applicant had provided sufficient grounds in the supporting affidavit to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was considered meritorious, and no prejudice to the respondent was identified. Accordingly, the court allowed the...

Source-derived case information.

Citation
[2023] KEHC 26676 (KLR)
Parties
Applicant: Joseph Kibera Muthoni; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 54 of 2023
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
Criminal Law 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

Joseph Kibera Muthoni

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 found that the applicant had provided sufficient grounds in the supporting affidavit to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was considered meritorious, and no prejudice to the respondent was identified. Accordingly, 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.