[2017] KEHC 6543 (KLR)
The court allowed the application for leave to file an appeal out of time because there was no objection from the respondent. The interests of justice required that the applicant be given an opportunity to appeal, and the petition on record was deemed properly filed within time. The court directed that a file for...
Source-derived case information.
- Citation
- [2017] KEHC 6543 (KLR)
- Parties
- Applicant: Titus Mugambi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 16 of 2017
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application allowed
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Procedural Timeliness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Mugambi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Application for Leave to File 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 allowed the application for leave to file an appeal out of time because there was no objection from the respondent. The interests of justice required that the applicant be given an opportunity to appeal, and the petition on record was deemed properly filed within time. The court directed that a file for appeal be opened and closed the miscellaneous file.
Court Disposition
application allowed
Orders
- The application is allowed.
- The petition on record is deemed as properly filed within time.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS CRIMINAL CASE NO. 16 OF 2017
(in the matter of an intended Appeal
Between
TITUS MUGAMBI ………………………………………... APPLICANT
VERSUS
REPUBLIC ……………………………………..…..…… RESPONDENT
RULING
There being no objection, the application is allowed.
The Petition on record is hereby deemed as properly filed within time. A file for appeal be opened.
This file is closed.
DATED, SIGNED AND DELIVERED THIS 27TH DAY OF MARCH, 2017
A. MABEYA
JUDGE
27/03/2017