[2023] KEHC 26083 (KLR)
The court found that the applicant had provided sufficient grounds in the supporting affidavit to warrant the exercise of judicial discretion in his favour. The application was considered merited, and leave to appeal out of time was granted. The court emphasized that the interests of justice required that the...
Source-derived case information.
- Citation
- [2023] KEHC 26083 (KLR)
- Parties
- Applicant: John Sangayo Okuyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E015 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DR Kavedza
- 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
John Sangayo Okuyu
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 found that the applicant had provided sufficient grounds in the supporting affidavit to warrant the exercise of judicial discretion in his favour. The application was considered merited, and leave to appeal out of time was granted. The court emphasized that the interests of justice required that the applicant be allowed to file the intended appeal, and no prejudice was demonstrated by the respondent.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file their appeal out of time within 21 days from the date of the ruling.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
Okuyu v Republic (Miscellaneous Criminal Application E015 of 2023) [2023] KEHC 26083 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26083 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E015 of 2023
DR Kavedza, J
November 30, 2023
Between
John Sangayo Okuyu
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application and the supporting affidavit of the applicant seeking leave to appeal out of time. I am satisfied that the application is merited. I therefore make the following orders:a.The applicant is hereby granted leave to file their appeal out of time within 21 days from the date hereof.b.File closed.
RULING DATED AND DELIVERED THIS 30TH DAY OF NOVEMBER 2023_______________D. KAVEDZAJUDGE