[2018] KEHC 1464 (KLR)
The court exercised its discretion and found that the application for leave to appeal out of time was merited. The application was allowed, enabling the applicant to file an appeal despite the lapse of the statutory period. The ruling does not elaborate on the reasons for the delay or the specific justification, but...
Source-derived case information.
- Citation
- [2018] KEHC 1464 (KLR)
- Parties
- Applicant: Pius Oduori Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 53 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pius Oduori Owino
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 appeal out of time.
Ratio Decidendi
The court exercised its discretion and found that the application for leave to appeal out of time was merited. The application was allowed, enabling the applicant to file an appeal despite the lapse of the statutory period. The ruling does not elaborate on the reasons for the delay or the specific justification, but the order indicates the court was satisfied with the grounds presented.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time filed on 25/9/2018 is allowed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OFKENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
MISC.CRIMINAL APPLICATION NO.53 OF 2018
PIUS ODUORI OWINO...............................................................APPLICANT
VERSUS
REPUBLIC................................................................................RESPONDENT
RULING
The application for leave to appeal out of time filed on 25/9/2018 is allowed.
DATED AND SIGNED IN KISUMU THIS 1st DAY OF November 2018
T.W.CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - FELIX
Applicant -
Respondent-