[2024] KEHC 13826 (KLR)
The court exercised its discretion to allow the application for leave to appeal out of time, noting that the application was not opposed by the respondent. No adverse grounds were raised against the applicant, and the interests of justice warranted granting the extension sought.
Source-derived case information.
- Citation
- [2024] KEHC 13826 (KLR)
- Parties
- Applicant: Tobias Kivunga Tane; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E018 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed as prayed.
- Judges
- AN Ongeri
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobias Kivunga Tane
Applicant
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 exercised its discretion to allow the application for leave to appeal out of time, noting that the application was not opposed by the respondent. No adverse grounds were raised against the applicant, and the interests of justice warranted granting the extension sought.
Court Disposition
Application allowed as prayed.
Orders
- Leave to appeal out of time is granted.
- The applicant to file the Memorandum of Appeal within 30 days of the ruling date.
Full Case Text
Judgment text and source record
20 paragraphs
Tane v Republic (Miscellaneous Criminal Application E018 of 2024) [2024] KEHC 13826 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13826 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Criminal Application E018 of 2024
AN Ongeri, J
November 6, 2024
Between
Tobias Kivunga Tane
Applicant
and
Republic
Respondent
Ruling
1. The application filed on 19th July 2024 seeking leave to appeal out of time is not opposed.
2. The same is allowed as prayed.
3. The Applicant to file the Memorandum of Appeal within 30 days of this date.
4. The registry to open the appeal file.
5. Mention on 18th December, 2024 awaiting the Record of Appeal.
DATED, SIGNED AND DELIVERED THIS 6TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Prosecutor: Mr. SirimaCourt Assistant: MainaThe Applicant