[2024] KEELC 7356 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, noting that the application was unopposed and that no prejudice would be occasioned to the respondent. The court found that the interests of justice warranted granting the extension sought, and accordingly allowed the...
Source-derived case information.
- Citation
- [2024] KEELC 7356 (KLR)
- Parties
- Applicant: Nashon Mwatabu Wakio; Respondent: Republic
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 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
- 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
Nashon Mwatabu Wakio
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 applicant to file an appeal out of time, noting that the application was unopposed and that no prejudice would be occasioned to the respondent. The court found that the interests of justice warranted granting the extension sought, and accordingly allowed the application as prayed.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file the memorandum of appeal within 30 days from the date of the ruling.
- The registry is directed to open the appeal file.
Full Case Text
Judgment text and source record
20 paragraphs
Wakio v Republic (Miscellaneous Criminal Application E016 of 2024) [2024] KEELC 7356 (KLR) (Crim) (6 November 2024) (Ruling)
Neutral citation: [2024] KEELC 7356 (KLR)
Republic of Kenya
In the Environment and Land Court at Voi
Criminal
Miscellaneous Criminal Application E016 of 2024
AN Ongeri, J
November 6, 2024
Between
Nashon Mwatabu Wakio
Applicant
and
Republic
Respondent
Ruling
1. The Applicant’s application filed on 18th June, 2024 seeking leave to appeal out of time is not opposed, the same is allowed as prayed.
2. The Applicant to file his Memorandum of Appeal within 30 days of this date.
3. The registry to open the appeal file.
4. 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:-Maina – Court AssistantProsecutor: Mr. SirimaThe Applicant present in person