[2023] KEHC 21404 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically the inability to obtain typed proceedings within the prescribed time. Exercising its discretion under the law, the court granted leave to the applicant to file the appeal out of time, considering...
Source-derived case information.
- Citation
- [2023] KEHC 21404 (KLR)
- Parties
- Applicant: Republic; Respondent: Everlyn Mwakha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E241 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Judges
- DR Kavedza
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Everlyn Mwakha
Respondent
Procedural Posture
Miscellaneous Criminal 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 found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, specifically the inability to obtain typed proceedings within the prescribed time. Exercising its discretion under the law, the court granted leave to the applicant to file the appeal out of time, considering that the delay was not occasioned by the applicant's fault but by circumstances beyond their control.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- The applicant is granted leave to file the appeal out of time within 14 days with effect from July 3, 2023.
- A copy of this order to be served upon the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mwakha (Miscellaneous Criminal Application E241 of 2023) [2023] KEHC 21404 (KLR) (Crim) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 21404 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E241 of 2023
DR Kavedza, J
June 30, 2023
Between
Republic
Applicant
and
Everlyn Mwakha
Respondent
Ruling
1. I have gone through the Notice of Motion application dated 22nd June, 2023 and the supporting affidavit of Ismael Kiragu, Senior Prosecution Counsel, of even date. The applicant seeks leave to file an appeal of time on grounds, inter alia, that they were unable to obtain typed proceedings within the prescribed time of appeal.
2. I am satisfied that the application is merited. I thereforea.That the applicant is granted leave to file the appeal out of time within 14 days with effect from July 3, 2023. b.A copy of this order be served upon the respondent.c.File closed.
RULING DATED DELIVERED IN ABSENCE OF PARTIES THIS 30TH DAY OF JUNE 2023. ...........................D. KAVEDZAJUDGE