Miriam Mwongeli & Patricia Mwaniki v Republic [2017] KEHC 1495 (KLR)
- Court
- High Court of Kenya
- Case number
- 1495
- Citation
- [2017] KEHC 1495 (KLR)
- Decided
- 21 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Misc. ApplicationPostureApplication for leave to file an appeal out of timeCoramD. K. KEMEI
Holding
The court finds the reasons for delay advanced by the Applicants to be excusable and grants the application for leave to file an appeal out of time.
Facts
Miriam Mwongeli and Patricia Mwaniki, who were players at a gambling business premise, were convicted and sentenced by Mavoko law courts. They sought to file an appeal out of time due to delays in receiving court proceedings.
Issues
- Whether the Applicants were entitled to file an appeal out of time
- Whether the delay in filing the appeal was due to the Applicants' own fault or a reasonable cause
Reasoning
The court allowed the application, finding the reasons for delay to be excusable despite the late filing of the appeal.
Outcome
Application allowed
Orders
- The Applicants are ordered to file and serve record of Appeal within 30 days and to set down the matter for directions on the hearing of the Appeal
Remedies
- Leave to file an appeal out of time
Authorities cited
Legislation (1)
- Criminal Procedure Code, Section 349
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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