Republic v Kiprop (Miscellaneous Criminal Case E041 of 2023) [2023] KEHC 20679 (KLR) (24 July 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 20679
- Citation
- [2023] KEHC 20679 (KLR)
- Decided
- 24 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal CasePostureApplicant seeks leave to appeal out of timeCoramRN NYAKUNDI
Holding
The court grants the applicant leave to appeal out of time due to the inordinate delay by the registry in issuing typed court proceedings.
Facts
The applicant was convicted and sentenced for stealing stock under 278 of the Penal Code on September 6, 2022. The applicant claims delay in receiving court proceedings.
Issues
- Whether the applicant can be granted leave to appeal out of time
- Whether the delay in receiving court proceedings is inordinate and inexcusable
Reasoning
The court exercises discretion to extend the appeal period due to the delay in receiving court proceedings, which was not due to the applicant's fault.
Outcome
The applicant is granted leave to appeal out of time.
Orders
- Granting leave to appeal out of time
Remedies
- The Deputy Registrar of the High Court shall ensure that the typed proceedings of the Lower Court be prepared and issued to the Applicant within 30 days from today's order.
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (3)
- Ivita v Kyumbu (1984) KLR 441
- Communication Courier & another v Telecom (1999) eKLR
- Indar Singh Gill Ltd vs Njoroge Gichana HCCC No. 2411 of 1990 GS Pall J as he then was
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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