[2023] KEHC 27473 (KLR)
The court considered the applicant's notice of motion and supporting affidavit and exercised its discretion to grant leave to file an appeal out of time. The court found that the applicant had satisfied the requirements for extension of time and accordingly allowed the application, subject to the appeal being filed...
Source-derived case information.
- Citation
- [2023] KEHC 27473 (KLR)
- Parties
- Applicant: Benard Achola Oguk; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E039 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- MS Shariff
- 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
Benard Achola Oguk
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal 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 considered the applicant's notice of motion and supporting affidavit and exercised its discretion to grant leave to file an appeal out of time. The court found that the applicant had satisfied the requirements for extension of time and accordingly allowed the application, subject to the appeal being filed within seven days from the date of the ruling.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file his appeal out of time.
- The appeal to be filed within seven days from the date of the ruling, failing which the leave shall lapse.
Full Case Text
Judgment text and source record
16 paragraphs
Oguk v Republic (Miscellaneous Criminal Application E039 of 2023) [2023] KEHC 27473 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27473 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E039 of 2023
MS Shariff, J
October 19, 2023
Between
Benard Achola Oguk
Applicant
and
Republic
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated August 8, 2023 and the affidavit in support thereof sworn on even date and I make the following orders:-1. The Applicant is granted leave to file his appeal out of time.2. The said appeal to be filed within seven (7) days from the date hereof failure to which the said leave shall lapse.3. Mention on October 31, 2023 to confirm compliance.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFF.....................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR