Republic v John Mwangangi Icharia [2019] KEHC 9030 (KLR)
- Court
- High Court of Kenya
- Case number
- 9030
- Citation
- [2019] KEHC 9030 (KLR)
- Decided
- 20 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Misc. ApplicationPostureState seeks leave to appeal out of timeCoramR.K. LIMO
Holding
The State is granted 14 days leave to file its appeal and the Respondent's bond is extended until the appeal is filed and determined.
Facts
Respondent was acquitted in the trial court, and the State sought to appeal the decision.
Issues
- Whether the State has the right to appeal out of time
- Whether the delay in filing the appeal was due to inability to obtain a copy of the judgment
Reasoning
The court considers the provisions of Section 384 A of the Criminal Procedure Code and Section 349, and grants the State leave to appeal due to the delay caused by the complainant's inability to obtain a copy of the judgment within a reasonable time.
Outcome
The State is granted 14 days leave to file its appeal.
Orders
- State granted 14 days leave to file its appeal
- Respondent's bond extended until the appeal is filed and determined
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Constitution of Kenya 2010
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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