[2025] KEHC 9378 (KLR)

The court found that the applicant had provided a reasonable explanation for the delay, namely, inability to raise funds for legal representation. The court exercised its discretion under Section 349 of the Criminal Procedure Code to allow the application, granting the applicant leave to file and serve the appeal out of time within 30 days of being supplied with the lower court record.

Citation: [2025] KEHC 9378 (KLR)
Parties: Applicant: Moki Muti; Respondent: ODPP
Court: High Court
Court Station: High Court at Makueni
Jurisdiction: Kenya
Judgment Date: 5 May 2025
Case Number: Criminal Miscellaneous Application E015 of 2025
Procedural Posture: Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome: Application allowed.
Judges: TM Matheka
Legal Topics: Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language: English

Criminal Law Civil Procedure Leave to Appeal Out of Time Extension of Time Criminal Appeals

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Parties

Moki Muti

Applicant

ODPP

Respondent

Procedural Posture

Criminal Miscellaneous 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

Court Disposition

Application allowed.

Orders

The applicant is granted leave to file and serve the appeal out of time within 30 days of being supplied with the lower court record.
File closed.