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Julius Ombori Bisieri v Republic [2015] KECA 71 (KLR)

[2015] KECA 71 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
71
Citation
[2015] KECA 71 (KLR)
Decided
21 July 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to file Notice of Appeal out of timeCoramD.K. MARAGA
Holding

The Court grants the application and grants the applicant leave to file and serve his memorandum of appeal within 14 days.

Facts

The applicant, Julius Ombori Bisieri, sought leave to file his appeal out of time due to his inability to file it in time due to being in prison and the lack of assistance from prison authorities.

Issues

  1. Whether the applicant's failure to appeal in time was excusable due to his inability to file the appeal due to being in prison and the lack of assistance from prison authorities.
  2. Whether the applicant should be granted leave to file and serve his memorandum of appeal within 14 days.

Reasoning

The Court is satisfied that the applicant's failure to appeal in time was explained and that he was unable to file the appeal due to being in prison and the lack of assistance from prison authorities.

Outcome

The applicant is granted leave to file and serve his memorandum of appeal within 14 days.

Orders

  • Grant leave to file and serve memorandum of appeal within 14 days.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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