[2020] KEHC 9685 (KLR)

[2020] KEHC 9685 (KLR)

The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for granting such leave under the relevant statutory provision. The ruling does not elaborate on the specific reasons for the delay or the arguments advanced but confirms that the...

Source-derived case information.

Citation
[2020] KEHC 9685 (KLR)
Parties
Applicant: Samuel Wihenya Gichure; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 144 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application allowed
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Wihenya Gichure

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 file an appeal out of time.

Ratio Decidendi

The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for granting such leave under the relevant statutory provision. The ruling does not elaborate on the specific reasons for the delay or the arguments advanced but confirms that the applicant is entitled to the orders sought.

Court Disposition

application allowed

Orders

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