[2024] KEHC 8809 (KLR)

[2024] KEHC 8809 (KLR)

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

Source-derived case information.

Citation
[2024] KEHC 8809 (KLR)
Parties
Applicant: Nelson George Ochieng Opiyo; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E102 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
Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Out of Time Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nelson George Ochieng Opiyo

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 in favour of the applicant. The absence of opposition from the respondent and the reasons advanced by the applicant justified the grant of leave to file the appeal out of time. The court accordingly allowed the application and set a mention date to confirm compliance.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to file his appeal out of time within 7 days from the date of the ruling.
  • Mention on 1 August 2024 to confirm compliance.