[2023] KEHC 21518 (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, noting that no opposition was raised by the respondent and that the applicant had provided sufficient grounds for the...
Source-derived case information.
- Citation
- [2023] KEHC 21518 (KLR)
- Parties
- Applicant: Stanly Ng’ang’a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E318 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, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanly Ng’ang’a
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, noting that no opposition was raised by the respondent and that the applicant had provided sufficient grounds for the delay. Consequently, leave was granted to file the appeal within 14 days from August 22, 2023.
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 August 22, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Ng’ang’a v Republic (Miscellaneous Criminal Application E318 of 2023) [2023] KEHC 21518 (KLR) (Crim) (21 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21518 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E318 of 2023
DR Kavedza, J
August 21, 2023
Between
Stanly Ng’ang’a
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated Notice of Motion application filed in court on August 17, 2023 and the supporting affidavit of the applicant 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 August 22, 2023.
RULING DATED AND DELIVERED VIRTUALLY IN ABSENCE OF PARTIES THIS 21ST DAY OF AUGUST 2023. __________________D. KAVEDZAJUDGE