[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
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kasian Shaki Rotta
Applicant
Republic
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. 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.
Full Case Text
Judgment text and source record
19 paragraphs
Rotta v Republic (Miscellaneous Criminal Application E019 of 2024) [2024] KEHC 13827 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13827 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Criminal Application E019 of 2024
AN Ongeri, J
November 6, 2024
Between
Kasian Shaki Rotta
Applicant
and
Republic
Respondent
Ruling
1. The application filed on 19th July 2024 seeking leave to appeal out of time is allowed as prayed.
2. The Applicant to file the Memorandum of Appeal within 30 days.
3. The registry to open the appeal file.
4. Mention on 18th December, 2024 awaiting the Record of Appeal.
DATED, SIGNED AND DELIVERED THIS 6TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Mr. SirimaCourt Assistant: MainaThe Applicant present in person