Githiru v Republic [2023] KEHC 19062 (KLR) | Leave To Appeal Out Of Time | Esheria

Githiru v Republic [2023] KEHC 19062 (KLR)

Full Case Text

Githiru v Republic (Miscellaneous Criminal Case E173 of 2023) [2023] KEHC 19062 (KLR) (Crim) (21 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19062 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Case E173 of 2023

DR Kavedza, J

June 21, 2023

Between

Manases Ndungu Githiru

Applicant

and

Republic

Respondent

Ruling

1. I have gone through the undated Chamber Summons and the supporting affidavit of the applicant thereof. The applicant seeks leave to file an appeal out of time on the ground that his family was unable to hire an advocate due to financial constraints, resulting in the delay of his appeal. I am satisfied that the application is merited. The same is accordingly allowed as follows:a.The applicant is granted leave to file the appeal out of time within fourteen (14) days from 22/6/2023 and not later than 6/7/2023, failure to which the order of this Court shall automatically lapse.b.A typed order be collected by the Officer in Charge (OIC) Kamiti Medium.c.The respondent to be served with a copy of the ruling.d.File closed.

RULING DATED DELIVERED VIRTUALLY THIS 21ST DAY OF JUNE 2023. D. KAVEDZAJUDGE