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…Before the court is an application made by Notice of Motion dated 18th March 2026, seeking the following orders: a) This Honourable Court be pleased to extend the time within which the Applicant may seek leave to appeal from…

…That upon realising this mistake, the Applicant has immediately filed this application for leave to file an appeal out of time. 9.…

…The first one is the Chamber Summons Application, dated 9th January 2023, which is brought under Section 79G of the Civil Procedure Act, wherein the Appellant/Applicant has sought for leave to appeal out of time, against…

…In the instant Application, the Judgment sought to be appealed against was rendered on 9th September 2022, while the Application seeking leave to appeal out of time was commenced on 9th January 2023.…

…to appeal out of time, should be granted.…

…The question of whether or not to grant an order for stay and leave to lodge an appeal as sought herein, is a discretionary one which must be exercised judiciously.…

…The issue for determination is whether the prayer for leave to appeal against the acquittal delivered on 17th October 2024 should be granted to the Appellant. 37.…

…Leave to appeal should not be granted merely because the complainant is dissatisfied with the outcome. 45.…

…Felister Lolikille, the Applicant, seeks leave to appeal out of time.…

…Therefore, the Applicant is granted leave to file the appeal within 14 days hereof. The Deputy Registrar shall ensure she is furnished with the lower court record. 7. It is so ordered.…

…THAT the Honourable court be pleased to grant the Applicant leave to lodge an appeal out of time against the judgment of Hon. R. Yator, Principal Magistrate on 5th November, 2020. 3.…

…THAT upon grant of leave to appeal out of time, the Memorandum of Appeal lodged herein be deemed as duly filed. 4. THAT the costs of and incidental to this application be costs in the intended appeal.…

…It is not disputed that whether or not to grant leave to appeal is a matter of this court’s discretion. The court has to balance the competing interests of the applicant with those of the respondent.…

…The applicant being a public body it is in the public interest that they be granted leave to appeal.…

…The only issue for determination is whether a private citizen can be granted leave to appeal an acquittal in a matter prosecuted by the State, or whether the 1 st Respondent can be compelled to appeal. 10.…

…Where the law has vested the right to appeal in the 1 st Respondent, granting the Petitioner leave to appeal would be an infringement of Article 157(10) of the constitution and create a procedural hybrid unknown to our criminal…

…E008 of 2023, for leave to appeal out of time. He filed a similar application, in Busia HC Misc. Cr. Application No. E004 of 2024. That application was allowed on 11th March 2024, and the appeal herein was filed.…

…That petition was struck out, on 22nd October 2021, and the appellant was advised to seek leave to file appeal out of time, which he did. Although the file, in Busia HCCr. Pet. No.…

…E091/2022 seeking leave to appeal out of time – the Judge (Dulu J) allowed the application – and he proceeded to file this appeal.…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…She also averred that an application for leave to appeal ought to be filed within 14 days from the date of the decision sought to be appealed.…

…Analysis and Determination This court has carefully considered the application and the main issue for determination is whether the Applicant should be granted leave to file appeal out of time.…

…In the seven (7) paragraph supporting affidavit, counsel has basically deponed that the judgment of the lower Court for which leave to appeal is sought was delivered on 4th February 2009.…

…Being aggrieved and being late in preferring an appeal he sought and obtained leave to appeal out of time whereupon he filed this appeal on 8th October, 2024.…

…By Notice of Motion dated 22nd May 2023, the applicant seeks leave to appeal out of time against a judgment that was delivered by the Senior Principal Magistrate’s Court at Butali (Hon Z J Nyakundi, SPM) on 28th March 2022…

…The appellant did not file the appeal within time or seek leave to appeal out of time. There is thus no valid appeal before the court. The appeal lacks merit and is accordingly dismissed. Determination 11.…

…I observe that the main motion which is dated 18 December 2024 is one seeking leave to appeal out of time against the judgment delivered on 4 December 2023 by the Chief Magistrates’ Court in the suit Kisii MCELC No.…

…applications is based on grounds that there exists an apparent error and/or mistake on record arising from the Orders issued by this honorable Court in its ruling delivered on 9th October, 2024 as follows: The Applicant is granted leave…

…to file an appeal out of time against the judgment in Molo CMCC and Case No 45 of 2018 delivered on 5th November, 2020.…

…learned Principal State Counsel, informed us that he was not aware of this letter when the application came before the High Court, and that had he been aware of it he would not have opposed the granting by the judge of leave…

…to appeal out of time.…