[2023] KEHC 3447 (KLR)

[2023] KEHC 3447 (KLR)

The court exercised its discretion to grant the applicant leave to file an appeal out of time, having considered the Notice of Motion and supporting affidavit. No opposition was recorded from the respondent. The court found sufficient cause to allow the application and directed the applicant to file the appeal...

Source-derived case information.

Citation
[2023] KEHC 3447 (KLR)
Parties
Appellant: Victor Otieno; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E131 of 2023
Procedural Posture
Miscellaneous Criminal 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, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure 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

Victor Otieno

Appellant

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 exercised its discretion to grant the applicant leave to file an appeal out of time, having considered the Notice of Motion and supporting affidavit. No opposition was recorded from the respondent. The court found sufficient cause to allow the application and directed the applicant to file the appeal within fourteen days from April 28, 2023.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file the appeal out of time.
  • The applicant to file the appeal within fourteen (14) days with effect from April 28, 2023.