[2024] KEHC 3390 (KLR)
The court held that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number instead of as a miscellaneous application. The Case Tracking System (CTS) allocated an appeal number due to this error. As a result, the application was procedurally defective and...
Source-derived case information.
- Citation
- [2024] KEHC 3390 (KLR)
- Parties
- Applicant: Moses Mwangi Njenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E016 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application struck out
- Judges
- DR Kavedza
- Legal Topics
- Leave to Appeal Out of Time, Procedural Irregularity, Filing Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mwangi Njenga
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant can seek leave to appeal out of time by way of a notice of motion under an appeal number instead of a miscellaneous application.
- 2 Whether the court can grant leave to appeal out of time when the application is procedurally defective.
Ratio Decidendi
The court held that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number instead of as a miscellaneous application. The Case Tracking System (CTS) allocated an appeal number due to this error. As a result, the application was procedurally defective and could not be entertained. The court struck out the application but granted the applicant liberty to file a proper miscellaneous application seeking leave to appeal out of time.
Court Disposition
application struck out
Orders
- The undated notice of motion application is struck out.
- The applicant is at liberty to file a proper miscellaneous application seeking leave to appeal out of time.
Full Case Text
Judgment text and source record
19 paragraphs
Njenga v Republic (Criminal Appeal E016 of 2024) [2024] KEHC 3390 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3390 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal E016 of 2024
DR Kavedza, J
April 9, 2024
Between
Moses Mwangi Njenga
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated notice of motion application and the supporting affidavit of the applicant seeking leave to appeal out of time.
2. I note that the applicant is seeking leave to file an appeal out of time, yet he has not filed a miscellaneous application.
3. The error occurred when the applicant filed his notice of motion application under the head of an appeal, and the Case Tracking System (CTS) correctly allocated an appeal number to the application, instead of a miscellaneous number.
4. For this reason, the undated notice of motion application is hereby stuck out. The applicant is at liberty to file a proper miscellaneous application seeking leave to appeal out of time.Orders accordingly.
RULING DATED AND DELIVERED THIS 9TH DAY OF APRIL 2024_______________D. KAVEDZAJUDGE