[2016] KEHC 8305 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, finding sufficient cause to grant the extension. The interests of justice warranted granting leave, and the applicant was directed to file and serve the appeal within fourteen days.
Source-derived case information.
- Citation
- [2016] KEHC 8305 (KLR)
- Parties
- Applicant: Patrick Okwero Wambani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 377 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Okwero Wambani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
Ratio Decidendi
The court exercised its discretion to allow the applicant to file an appeal out of time, finding sufficient cause to grant the extension. The interests of justice warranted granting leave, and the applicant was directed to file and serve the appeal within fourteen days.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file an appeal out of time.
- The appeal shall be filed and served within fourteen (14) days.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 377 OF 2016
PATRICK OKWERO WAMBANI................APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
The Applicant’s application filed on 25th October, 2015 is allowed. He is granted leave to file an appeal out of time. The appeal shall be filed and served within fourteen (14) days.
G.W. NGENYE-MACHARIA
JUDGE
08/11/ 2016