[2024] KEHC 8796 (KLR)

[2024] KEHC 8796 (KLR)

The court, upon considering the applicant's notice of motion and supporting affidavit, found sufficient grounds to exercise its discretion and grant leave to file an appeal out of time. The absence of opposition from the respondent and the reasons advanced by the applicant justified the extension sought. The court...

Source-derived case information.

Citation
[2024] KEHC 8796 (KLR)
Parties
Applicant: Richard Ochieng Onyango; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E103 of 2004
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Extension of Time, Leave to Appeal, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure Extension of Time Leave to Appeal Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard Ochieng Onyango

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for 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, upon considering the applicant's notice of motion and supporting affidavit, found sufficient grounds to exercise its discretion and grant leave to file an appeal out of time. The absence of opposition from the respondent and the reasons advanced by the applicant justified the extension sought. The court therefore allowed the application and granted the applicant seven days from the date of the ruling to file the intended appeal.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file his appeal out of time within 7 days from the date hereof.
  • Mention on 1.8.2024 to confirm compliance.