[2019] KEHC 12215 (KLR)
The court exercised its discretion to grant the applicant leave to file an appeal out of time, finding the application merited. The ruling does not elaborate on the reasons, but the order indicates the court was satisfied with the grounds presented by the applicant.
Source-derived case information.
- Citation
- [2019] KEHC 12215 (KLR)
- Parties
- Applicant: Samuel Omayio Omunidi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 504 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 Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Omayio Omunidi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous 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 exercised its discretion to grant the applicant leave to file an appeal out of time, finding the application merited. The ruling does not elaborate on the reasons, but the order indicates the court was satisfied with the grounds presented by the applicant.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file appeal out of time.
- Appeal to be filed and served within 14 days.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 504 OF 2019
SAMUEL OMAYIO OMUNDI……..……………..…………APPLICANT
VERSUS
REPUBLIC ………………………..…………………..…RESPONDENT
RULING
1. The Applicant’s application dated 05/11/2019 is allowed.
2. The Applicant is granted leave to file appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 5th November, 2019
G.W. NGENYE-MACHARIA
JUDGE