Karwenji v Republic [2025] KEHC 2540 (KLR)

Karwenji v Republic (Criminal Miscellaneous Application E007 of 2025) [2025] KEHC 2540 (KLR) (17 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2540 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Miscellaneous Application E007 of 2025

DO Chepkwony, J

February 17, 2025

Between

Eunice Wairimu Karwenji

Applicant

and

Republic

Respondent

Ruling

1. The matter is for mention for parties to take directions on the Notice of Motion filed on 31st December, 2021 in which the Applicant is seeking for orders that:-a.The Applicant be granted leave to file an appeal out of time.b.Spent.c.The costs of the application be waived.

2. The application is grounded on the grounds set out in the Supporting Affidavit sworn by the Applicant.

3. The application has not been opposed by the Respondent, through M/S Ndeda, counsel for the State.

4. In view of this, the Notice of Motion application filed on 31st December, 2024 is hereby allowed on the following terms.a.The Applicant be and is hereby granted leave to file and serve an appeal out of time.b.The Applicant to file and serve her appeal within 14 days from the date hereof to enable an appeal file be opened.c.The Deputy Registrar to compile, file and serve a Record of Appeal.d.Mention on 6th March, 2025 for parties to confirm:-i.Opening of an appeal file.ii.Filing and service of Record of Appeal.iii.Directions on hearing of the appeal.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF FEBRUARY , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Applicant in person –presentM/S Ndeda counsel for RespondentCourt Assistant - Martin