Herman v Republic [2023] KEHC 17854 (KLR)

Herman v Republic (Miscellaneous Criminal Case E191 of 2023) [2023] KEHC 17854 (KLR) (Crim) (29 May 2023) (Ruling)

Neutral citation: [2023] KEHC 17854 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Case E191 of 2023

DR Kavedza, J

May 29, 2023

Between

Opanga Clyde Herman

Appellant

and

Republic

Respondent

Ruling

1. I have gone through the applicant’s undated Notice of Motion application and the supporting affidavit thereof. The applicant seeks leave to file the appeal out of time on the ground that his family were to hire an advocate but encountered financial constraints, resulting in the delay of his appeal. I am satisfied that the application is merited. The same is accordingly allowed:a.The applicant is granted leave to file the appeal out of time within fourteen (14) days with effect from 30/5/2023. b.The respondent to be served with a copy of the ruling.c.File closed.

RULING READ AND DELIVERED IN ABSENCE OF BOTH PARTIES THIS 29TH DAY OF MAY 2023. D. KAVEDZAJUDGE