[2025] KEHC 2708 (KLR)
The court found that since the application was unopposed and the applicant demonstrated being in legal custody and lacking financial means, it was appropriate to exercise discretion in her favour. The court granted leave to file an appeal out of time and waived the costs of the application, ensuring access to...
Source-derived case information.
- Citation
- [2025] KEHC 2708 (KLR)
- Parties
- Applicant: Sharon Nthoki Mwanza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E135 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Appeal Out of Time, Waiver of Costs, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sharon Nthoki Mwanza
Applicant
Republic
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.
- 2 Whether the costs of the application should be waived due to the applicant's financial status.
Ratio Decidendi
The court found that since the application was unopposed and the applicant demonstrated being in legal custody and lacking financial means, it was appropriate to exercise discretion in her favour. The court granted leave to file an appeal out of time and waived the costs of the application, ensuring access to justice for indigent litigants.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file an appeal at the Court of Appeal, Nairobi out of time.
- The costs of the application are waived.
Full Case Text
Judgment text and source record
18 paragraphs
Mwanza v Republic (Criminal Miscellaneous Application E135 of 2024) [2025] KEHC 2708 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2708 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application E135 of 2024
DO Chepkwony, J
February 17, 2025
Between
Sharon Nthoki Mwanza
Applicant
and
Republic
Respondent
Ruling
1. The matter is for mention for parties to take directions on the Notice of Motion filed on 30th October, 2024, in which the Applicant is seeking for orders that:-a.The court allows the Applicant to file an appeal out of time.b.Spent.c.The costs of the application be waived since the Applicant is in legal custody and without financial means.
2. The application is premised on the grounds set out in the Supporting Affidavit sworn by the Applicant.
3. The application is not opposed by the Respondent. This being the case, the Notice of Motion application filed on 30th October, 2024 is hereby allowed in the following terms:-a.The Applicant is hereby granted leave to file an appeal at the Court of Appeal, Nairobi out of time.b.The costs of the application be and are hereby waived.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF FEBRUARY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Applicant in person –presentM/S Ndeda counsel for RespondentCourt Assistant - Martin