[2020] KEHC 6687 (KLR)

[2020] KEHC 6687 (KLR)

The court granted the applicant leave to appeal out of time because the application was not opposed by the respondent, and there was no reason to deny the applicant the opportunity to appeal. The court exercised its discretion under the Criminal Procedure Code to allow the extension of time, ensuring that the...

Source-derived case information.

Citation
[2020] KEHC 6687 (KLR)
Parties
Applicant: Samuel Mbugua Kinyanjui; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 411 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Legal Topics
Leave to Appeal, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Mbugua Kinyanjui

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time.

Ratio Decidendi

The court granted the applicant leave to appeal out of time because the application was not opposed by the respondent, and there was no reason to deny the applicant the opportunity to appeal. The court exercised its discretion under the Criminal Procedure Code to allow the extension of time, ensuring that the applicant's right to appeal was preserved.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to appeal out of time.
  • The appeal to be filed and served within 14 days.