[2024] KEHC 7402 (KLR)

[2024] KEHC 7402 (KLR)

The court exercised its discretion under Section 349 of the Criminal Procedure Code, finding that the applicant had demonstrated sufficient cause to warrant extension of time to file an appeal. There being no opposition from the respondent and the application being properly supported, the court allowed the...

Source-derived case information.

Citation
[2024] KEHC 7402 (KLR)
Parties
Applicant: Edwin Ochieng Opiyo; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Application E005 of 2024
Procedural Posture
Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Leave to Appeal Out of Time, Extension of Time, Criminal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Extension of Time Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Edwin Ochieng Opiyo

Applicant

Republic

Respondent

Procedural Posture

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 exercised its discretion under Section 349 of the Criminal Procedure Code, finding that the applicant had demonstrated sufficient cause to warrant extension of time to file an appeal. There being no opposition from the respondent and the application being properly supported, the court allowed the application and granted the applicant leave to file an appeal out of time within 14 days from the date of the ruling.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file an appeal out of time within 14 days from the date hereof.
  • This matter shall be mentioned on 25th June 2024 to confirm compliance.