Case law
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Division and case type: High Court CriminalCriminal Appeal
…On 11th November 2024, this court struck out this appeal on account that it was filed out of time without leave of court extending time for filing the same. 2.…
…Counsel for the Appellant had filed copy of the order extending time for filing of the appeal out of time issued vide HC Criminal Misc. No. E147 of 2024.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CriminalCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…of time.…
Division and case type: High Court CriminalCriminal Appeal
…The appeal was filed out of time without leave. 2. No order for leave to enlarge time for filing the appeal out of time is annexed. 3. The appeal is summarily rejected and struck out. 4. This file is closed.…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…He now applies for leave to file an appeal out of time and without having to pay court fees. Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment.…
Division and case type: CriminalCriminal Appeal
…NAI. 11 OF 1999 BETWEEN CALIB KIPROTICH SAWE...................................APPLICANT AND REPUBLIC.............................................RESPONDENT (An application to appeal out of time in the High Court of Kenya…
…at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998 R U L I N G I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice of appeal out of time.…
Division and case type: Environment and Land CourtPetition
…of time.…
…For the avoidance of doubt, this court does not have jurisdiction to allow the filing of an appeal out of time.…
Division and case type: Environment and Land CourtPetition
…The Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court. 2.…
…The Applicant stated that the Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court.…
Division and case type: Constitutional and Human RightsPetition
…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: High Court CriminalCriminal Appeal
…Counsel further submitted that even as Section 349 of the Criminal Procedure Code gives discretionary powers to the Court to enlarge time in favor of an applicant to file his or her appeal out of time, he urged that by the…
…appeal out of time, it's the Court's duty to take into consideration the special facts and circumstances of the case with an objective to achieve a just and fair outcome. 13.…
Division and case type: High Court DivCriminal Appeal
…No leave was granted to file the appeal out of time. The appellant was granted right of appeal of 14 days. However, he filed an appeal after 10 months. He did not bother to seek leave. 6.…
…It is unclear how this appeal came to be as it is filed 10 months out of time. Secondly, the appeal is on conviction only, and the conviction is on a plea of guilty.…
Division and case type: High Court CriminalCriminal Appeal
…No appeal can be filed out of time without leave of Court. Such filing renders the “document” so filed a nullity and of no legal consequences.…
…Consequently, this court will not accept a document filed out of time without leave of the court.…
Division and case type: High Court CriminalCriminal Appeal
…Aggrieved by both the conviction and sentence, the Appellants lodged an appeal which was admitted out of time by consent, and now seek release on bail pending the hearing and determination of their appeal. 5.…
…The Complainant also lodged a Notice of Preliminary Objection dated 16th December 2025, contending that the Court lacked jurisdiction to entertain the application on the ground that the appeal had been filed out of time.…
Division and case type: High Court CriminalCriminal Appeal
…Before this Court is the Applicant's Notice of Motion Application dated 27 th November 2024 seeking leave to lodge an appeal out of time against the judgment of the trial court delivered on 8th October 2024. 2.…
…The power of the High Court to admit an appeal out of time is donated by Section 349 of the Criminal Procedure Code which provides: "An appeal shall be entered within fourteen days of the date of the order or sentence appealed…
Division and case type: High Court CriminalCriminal Appeal
…Before this Court is the Applicant's Notice of Motion Application dated 27 th November 2024 seeking leave to lodge an appeal out of time against the judgment of the trial court delivered on 8th October 2024. 2.…
…The power of the High Court to admit an appeal out of time is donated by Section 349 of the Criminal Procedure Code which provides: "An appeal shall be entered within fourteen days of the date of the order or sentence appealed…
Division and case type: High Court CriminalCriminal Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…