[2023] KEHC 3588 (KLR)

[2023] KEHC 3588 (KLR)

The court, having considered the undated Notice of Motion and the supporting affidavit of the applicant who is in prison, found it appropriate to exercise its discretion and grant leave to appeal out of time. The absence of opposition and the applicant's status as a prisoner were material considerations. The court...

Source-derived case information.

Citation
[2023] KEHC 3588 (KLR)
Parties
Applicant: Samson Ombeyi Ongachi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Miscellaneous Application E093 of 2023
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Judges
DR Kavedza
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Procedure

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

Samson Ombeyi Ongachi

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time.

Ratio Decidendi

The court, having considered the undated Notice of Motion and the supporting affidavit of the applicant who is in prison, found it appropriate to exercise its discretion and grant leave to appeal out of time. The absence of opposition and the applicant's status as a prisoner were material considerations. The court allowed the application and directed the applicant to file the petition of appeal within 14 days from 20th April 2023.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to appeal out of time.
  • The applicant to file the petition within 14 days with effect from 20.4.2023.