Caleb Ochola Nyainda v State [2020] KEHC 7 (KLR) | Leave To Appeal Out Of Time | Esheria

Caleb Ochola Nyainda v State [2020] KEHC 7 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISCELLANEOUS CRIMINAL APPLICATION NO.  EO17 OF 2020

CALEB OCHOLA NYAINDA.......APPLICANT

VERSUS

STATE..........................................RESPONDENT

(Being an application for leave to appeal out of time from Bondo PM’s Court Criminal Case No.  196 of 2020)

RULING

1. I have considered the application filed on 2. 12. 2020 for leave to appeal out of time from original Bondo P.M. Cr. 196/2020.

2. I have considered the reasons for delay during this Covid-19 pandemic and I find them reasonable and acceptably persuasive.

3. No prejudice will occasioned to the Respondent if the leave sought is granted.

4. I grant the applicant leave to file appeal out of time.

5. The Petition of appeal to be filed in a separate appeal file within 14 days of today.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2020

R.E. ABURILI

JUDGE