Republic v Samuel Kariuki Chege & another [2017] KEHC 4505 (KLR)
- Court
- High Court of Kenya
- Case number
- 4505
- Citation
- [2017] KEHC 4505 (KLR)
- Decided
- 20 June 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplicant seeks leave to file appeal out of timeCoramL. KIMARU
Holding
The application is allowed, and the Applicant is granted leave to file appeal out of time.
Facts
The Respondents were acquitted in Nairobi CMC Criminal Case No.644 of 2012 for lack of sufficient evidence. The Applicant failed to file an appeal in time.
Issues
- Whether the Applicant made a case for leave to appeal out of time
- Whether the intended appeal has substance
Reasoning
The court is satisfied that the Applicant was unable to procure typed copies of proceedings and judgment to enable it lodge the appeal in time. The court grants leave to file appeal out of time.
Outcome
The application is allowed
Orders
- The appeal should be filed and served within seven (7) days of today’s date
- The record of appeal should be filed and served within thirty (30) days of today’s date
Authorities cited
Legislation (2)
- Criminal Procedure Code, Section 348A
- 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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