[2023] KEHC 3714 (KLR)
The court found that the applicant, being in prison, would suffer prejudice if not granted leave to appeal out of time. Taking judicial notice of the applicant's incarceration and the absence of opposition, the court exercised its discretion to allow the application, thereby enabling the applicant to file the...
Source-derived case information.
- Citation
- [2023] KEHC 3714 (KLR)
- Parties
- Appellant: Abdalah Mohamed Abdalah Shomari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E134 of 2023
- 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
- DR Kavedza
- 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
Abdalah Mohamed Abdalah Shomari
Appellant
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, being in prison, would suffer prejudice if not granted leave to appeal out of time. Taking judicial notice of the applicant's incarceration and the absence of opposition, the court exercised its discretion to allow the application, thereby enabling the applicant to file the intended appeal within a specified period.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file the appeal out of time.
- The applicant to file the appeal within fourteen (14) days with effect from April 28, 2023.
Full Case Text
Judgment text and source record
19 paragraphs
Shomari v Republic (Miscellaneous Criminal Application E134 of 2023) [2023] KEHC 3714 (KLR) (Crim) (27 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3714 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E134 of 2023
DR Kavedza, J
April 27, 2023
Between
Abdalah Mohamed Abdalah Shomari
Appellant
and
Republic
Respondent
Ruling
I have gone through the Chamber Summons Application dated April 26, 2023 and the Supporting Affidavit of even date. I take judicial notice of the fact that the appellant is in prison hence will suffer prejudice if the orders sought are not granted. I therefore order as follows: 1. The applicant is granted leave to file the appeal out of time.
2. The applicant to file the appeal within fourteen (14) days with effect from April 28, 2023.
3. File closed.
RULING DELIVERED AND DATED THIS 27TH DAY OF APRIL 2023In the absence of parties......................................D KAVEDZA