[2020] KEHC 9693 (KLR)

[2020] KEHC 9693 (KLR)

The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for extension of time as provided under the law. The applicant was therefore granted leave to file the intended appeal, and directions were given for the filing and service of the...

Source-derived case information.

Citation
[2020] KEHC 9693 (KLR)
Parties
Applicant: Philip Lusweti Indeche; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 149 of 2020
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application allowed. Leave to appeal out of time granted.
Legal Topics
Extension of Time, Leave to Appeal, Criminal Appeals
Source Language
en
Criminal Law Extension of Time Leave to Appeal Criminal Appeals

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Summary, issues, holding and outcome

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Parties

Philip Lusweti Indeche

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

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 allow the applicant to file an appeal out of time, finding that the application met the threshold for extension of time as provided under the law. The applicant was therefore granted leave to file the intended appeal, and directions were given for the filing and service of the appeal within a specified period.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file appeal out of time.
  • Appeal to be filed and served within 14 days.