[2019] KEHC 12136 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, finding sufficient cause to grant the extension. The application was allowed, and the applicant was directed to file and serve the appeal within 14 days.
Source-derived case information.
- Citation
- [2019] KEHC 12136 (KLR)
- Parties
- Applicant: Nicholas Shivachi Mboya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 531 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Shivachi Mboya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
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 applicant to file an appeal out of time, finding sufficient cause to grant the extension. The application was allowed, and the applicant was directed to file and serve the appeal within 14 days.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The Applicant is granted leave to file appeal out of time.
- Appeal to be filed and served within 14 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 531 OF 2019
NICHOLAS SHIVACHI MBOYA.................................................APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
RULING
1. The Applicant’s application dated 20/11/2019 is allowed.
2. The Applicant is granted leave to file appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 25thday ofNovember, 2019.
G.W. NGENYE-MACHARIA
JUDGE