[2019] KEHC 12203 (KLR)

[2019] KEHC 12203 (KLR)

The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for extension of time under the relevant legal provisions. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied with the...

Source-derived case information.

Citation
[2019] KEHC 12203 (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 on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Nicholas Shivachi Mboya

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 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 that the application met the threshold for extension of time under the relevant legal provisions. The ruling does not elaborate on the reasons, but the operative orders indicate that the court was satisfied with the applicant's grounds for delay and the interests of justice required granting the extension.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The Applicant’s application dated 20/11/2019 is allowed.
  • The Applicant is granted leave to file appeal out of time.