[2025] KEHC 2512 (KLR)
The court exercised its discretion to allow the application for leave to appeal out of time, noting that the respondent did not oppose the application. The absence of opposition and the grounds presented by the applicant were sufficient for the court to grant the orders sought. The court further directed the...
Source-derived case information.
- Citation
- [2025] KEHC 2512 (KLR)
- Parties
- Applicant: Samwel Kibet Ngeno; Respondent: Prosecution
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E134 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- DO Chepkwony
- 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
Samwel Kibet Ngeno
Applicant
Prosecution
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
The court exercised its discretion to allow the application for leave to appeal out of time, noting that the respondent did not oppose the application. The absence of opposition and the grounds presented by the applicant were sufficient for the court to grant the orders sought. The court further directed the applicant to file and serve the appeal within 14 days and ordered the Deputy Registrar to compile, file, and serve the Record of Appeal. The matter was set for mention to confirm compliance with these directions.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file an appeal out of time.
- The applicant shall file and serve the appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
18 paragraphs
Ngeno v Prosecution (Criminal Miscellaneous Application E134 of 2024) [2025] KEHC 2512 (KLR) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2512 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application E134 of 2024
DO Chepkwony, J
February 17, 2025
Between
Samwel Kibet Ngeno
Applicant
and
Prosecution
Respondent
Ruling
1. The matter is for mention for parties to take directions on the Notice of Motion filed on 22nd October, 2024, in which the Applicant is seeking for leave to appeal out of time. The same is premised on the grounds set out on its face and the Supporting Affidavit of the Applicant.
2. The Respondent, through M/S Ndeda, the State counsel, has not opposed the application.
3. In view of this, the Notice of Motion application dated 22nd October, 2024 be and is hereby allowed on the following terms:-a.The Applicant be and is hereby granted leave to file an appeal out of time.b.The Appellant to file and serve his appeal within 14 days from the date hereof to enable an appeal file be opened.c.The Deputy Registrar to compile, file and serve the Record of Appeal.d.Mention on 6th March, 2025 for parties to confirm:-i.Opening of the appeal file.ii.Filing and service of Record of Appeal.iii.Further directions.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