[2024] KEHC 13827 (KLR)

[2024] KEHC 13827 (KLR)

The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court allowed the application for leave to appeal out of time, holding that the interests of justice would be served by permitting...

Source-derived case information.

Citation
[2024] KEHC 13827 (KLR)
Parties
Applicant: Kasian Shaki Rotta; Respondent: Republic
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E019 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Judges
AN Ongeri
Legal Topics
Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Civil Procedure Leave to Appeal Out of Time Extension of Time Criminal Appeals

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Parties

Kasian Shaki Rotta

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

  1. 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. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court allowed the application for leave to appeal out of time, holding that the interests of justice would be served by permitting the appeal to proceed.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • Leave to appeal out of time is granted as prayed.
  • The applicant to file the Memorandum of Appeal within 30 days.