[2024] KEHC 13368 (KLR)

[2024] KEHC 13368 (KLR)

The court found that the applicant had demonstrated merit in the application for leave to appeal out of time. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court was satisfied that sufficient cause had been shown to warrant the extension of time. Accordingly, the applicant was...

Source-derived case information.

Citation
[2024] KEHC 13368 (KLR)
Parties
Applicant: Kevin Sifuna; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 53 of 2024
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, Criminal Appeals, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

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Summary, issues, holding and outcome

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Parties

Kevin Sifuna

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal 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 found that the applicant had demonstrated merit in the application for leave to appeal out of time. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court was satisfied that sufficient cause had been shown to warrant the extension of time. Accordingly, the applicant was granted leave to file the appeal out of time within 21 days from the date of the ruling.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file their appeal out of time within 21 days from the date of the ruling.
  • File closed.