Director of Criminal Investigations v Mutiso & another (Civil Application E793 of 2024) [2025] KECA 352 (KLR) (28 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 352
- Citation
- [2025] KECA 352 (KLR)
- Decided
- 28 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for enlargement of time to file notice of appealCoramF. TUIYOTT, JA
Holding
The application for enlargement of time to file a notice of appeal is granted.
Facts
The Director of Criminal Investigations (DCI) sought to appeal a ruling that quashed charges against Daniel Masila Mutiso and terminated a criminal case.
Issues
- Whether to grant enlargement of time to file a notice of appeal
- Whether to grant enlargement of time to file a memorandum of appeal
Reasoning
The Court found the delay in filing the notice of appeal was not inordinate and granted the extension, considering the reasons for the delay and the chances of the appeal succeeding.
Outcome
The application is granted.
Orders
- The applicant shall file and serve a notice of appeal within 14 days of the ruling
- The applicant shall lodge the appeal within the time prescribed by the Rules of the Court
Remedies
- Costs shall be in the intended appeal
Authorities cited
Legislation (3)
- Civil Procedure Act
- Appellate Jurisdiction Act
- Court of Appeal Rules 2022
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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