Republic v Nderitu & another (Miscellaneous Criminal Application E007 of 2024) [2024] KEHC 10474 (KLR) (27 August 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10474
- Citation
- [2024] KEHC 10474 (KLR)
- Decided
- 27 August 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureAppeal out of timeCoramLM NJUGUNA
Holding
The application has merit and is hereby allowed as prayed.
Facts
The respondents were discharged by the trial court after the complainant failed to appear in court. The applicant requested for certified copies of proceedings for purposes of appeal but the same were availed on 30th January 2024, when the window of appeal had already closed.
Issues
- Whether the applicant should be granted leave to file an appeal out of time against the discharge of the respondents.
- Whether the petition of appeal should be deemed as duly filed.
Reasoning
The court finds that the delay in filing the appeal is due to the late receipt of certified copies of proceedings and that the applicant has demonstrated promptness in its intentions thus far.
Outcome
The application is allowed.
Orders
- The appeal is deemed as properly filed and within the prescribed time.
- The applicant/appellant to file the record of appeal within 14 days from the date of this ruling.
- The appeal to be prosecuted within 90 days failing which it shall stand dismissed.
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (4)
- Michael Mukwana Wanyonyi v. Republic (2021) eKLR
- Republic v. Ahmed Fakir Mohamed (2021) eKLR
- Samson Owiti Otambo v Republic (2018) eKLR
- Michael Onyango Owala v. Republic (2018) eKLR
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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