[2025] KEHC 2785 (KLR)
The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was allowed, and the applicant was directed to file the intended appeal within 30 days from the date of the ruling. The court further ordered...
Source-derived case information.
- Citation
- [2025] KEHC 2785 (KLR)
- Parties
- Applicant: Samuel Rugut; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- JK Ng'arng'ar
- 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
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Parties
Samuel Rugut
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 appeal out of time.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause to warrant the exercise of judicial discretion in granting leave to appeal out of time. The application was allowed, and the applicant was directed to file the intended appeal within 30 days from the date of the ruling. The court further ordered that failure to comply would result in the lapse of the leave granted.
Court Disposition
application allowed
Orders
- Leave to appeal out of time is granted.
- Applicant to file the intended appeal within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
17 paragraphs
Rugut v Republic (Miscellaneous Criminal Application E005 of 2023) [2025] KEHC 2785 (KLR) (14 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2785 (KLR)
Republic of Kenya
In the High Court at Bomet
Miscellaneous Criminal Application E005 of 2023
JK Ng'arng'ar, J
March 14, 2025
Between
Samuel Rugut
Applicant
and
Republic
Respondent
Ruling
1. The application for leave to appeal out of time filed on 15th January, 2023 is allowed. The applicant to file the intended appeal within 30 days from today’s date. Failure to comply the leave herein lapses. Notice to issue to the applicant and the respondent. This matter is marked as closed.
Orders accordingly
DATED THIS 14TH DAY OF MARCH, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT