[2018] KEHC 9811 (KLR)
The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding that the application was merited. The judge allowed the application and directed that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue her right of appeal despite the lapse of...
Source-derived case information.
- Citation
- [2018] KEHC 9811 (KLR)
- Parties
- Applicant: Purity Gakii Murungi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 605 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application granted
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Purity Gakii Murungi
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 grant the applicant leave to file an appeal out of time, finding that the application was merited. The judge allowed the application and directed that the appeal be filed and served within 14 days, thereby enabling the applicant to pursue her right of appeal despite the lapse of the statutory period.
Court Disposition
application granted
Orders
- The applicant is granted leave to file appeal out of time.
- The appeal to be filed and served within 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. APP. NO. 605 OF 2018
PURITY GAKII MURUNGI..........................................APPLICANT
VERSUS
REPUBLIC.................................................................RESPONDENT
RULING
The Applicant’s application dated 5/10/2018 is granted. The Applicant is granted leave to file appeal out of time. The same to be filed and served within 14 days.
DATED and DELIVERED this 21st day of November, 2018
G.W. NGENYE-MACHARI
JUDGE