Nyasim v Republic [2024] KEHC 9170 (KLR)

Nyasim v Republic (Miscellaneous Criminal Application E119 of 2004) [2024] KEHC 9170 (KLR) (23 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9170 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E119 of 2004

MS Shariff, J

July 23, 2024

Between

Brian Nyasim

Applicant

and

Republic

Respondent

Ruling

1. I have considered the Applicant’s notice of motion dated 13. 6.2024 and the affidavit in support thereof and I note that the Applicant cites the failure to obtain a copy of the judgment and trial court’s records as the reasons that occasioned his delay in lodging his appeal.

2. In light of the above cited reasons I do find that this application is well merited and I thus allow it and I make the following orders:-1. The Applicant is granted leave to file an appeal out of time within 7 days from the date hereof.2. Mention on 30. 7.2024 to confirm compliance.

DATED, SIGNED AND DELIVERED THIS 23RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE