[2019] KEHC 6846 (KLR)

[2019] KEHC 6846 (KLR)

The court exercised its discretion to allow the application for leave to file an appeal out of time, finding that the circumstances justified granting the applicant an opportunity to appeal. The ruling does not elaborate on the reasons, but the operative order is clear: leave is granted and the appeal must be filed...

Source-derived case information.

Citation
[2019] KEHC 6846 (KLR)
Parties
Applicant: Obadiah Magara; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 34 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Leave to Appeal Out of Time
Outcome
application allowed
Legal Topics
Leave to Appeal Out of Time, Criminal Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Obadiah Magara

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on 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 application for leave to file an appeal out of time, finding that the circumstances justified granting the applicant an opportunity to appeal. The ruling does not elaborate on the reasons, but the operative order is clear: leave is granted and the appeal must be filed and served within 14 days.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file appeal out of time.
  • The appeal to be filed and served within 14 days.