Director of Public Prosecutions v Julius Mugambi & another [2022] KEHC 2402 (KLR)
- Court
- High Court of Kenya
- Case number
- 2402
- Citation
- [2022] KEHC 2402 (KLR)
- Decided
- 27 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplicant seeks leave to file an appeal out of timeCoramthe presiding judge
Holding
The court grants the leave to appeal out of time
Facts
The Respondents were charged with assault in Marimanti Senior Principal Magistrate's Court Criminal Case No. 546 of 2019. They were acquitted on 2nd March, 2021.
Issues
- Whether the Applicant is entitled to leave to file an appeal out of time
- Whether the delay in filing the appeal was inordinate
Reasoning
The court finds that the Applicant's delay in filing the appeal was not inordinate and was due to the closure of Chuka Law Courts for 10 days due to the COVID-19 pandemic. The court also considers the Applicant's inability to obtain copies of the proceedings and judgment in a reasonable time.
Outcome
Leave to appeal out of time granted
Authorities cited
Legislation (2)
- Criminal Procedure Code
- High Court of Kenya
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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