[2019] KEHC 1206 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, finding that the application met the threshold for extension of time under the relevant legal provisions. The ruling granted leave and directed that the appeal be filed and served within 14 days, ensuring the applicant's right...
Source-derived case information.
- Citation
- [2019] KEHC 1206 (KLR)
- Parties
- Applicant: Wycliff Omangi Nyakundi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 556 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Leave to file appeal out of time granted.
- Legal Topics
- Extension of Time, Leave to Appeal, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wycliff Omangi Nyakundi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
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, finding that the application met the threshold for extension of time under the relevant legal provisions. The ruling granted leave and directed that the appeal be filed and served within 14 days, ensuring the applicant's right to appeal is preserved.
Court Disposition
Application allowed. Leave to file appeal out of time granted.
Orders
- The Applicant is granted leave to file appeal out of time.
- Appeal to be filed and served within 14 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APP. NO. 556 OF 2019
WYCLIFF OMANGI NYAKUNDI.....APPLICANT
VERSUS
REPUBLIC ......................................RESPONDENT
RULING
1. The Applicant’s application dated 11/12/2019 is allowed.
2. The Applicant is granted leave to file appeal out of time.
3. Appeal be filed and served within 14 days.
DATED and DELIVERED this 11th DECEMBER, 2019
G.W. NGENYE-MACHARIA
JUDGE