Republic v Wanyoike [2023] KEHC 515 (KLR)

Republic v Wanyoike (Miscellaneous Criminal Application E043 of 2022) [2023] KEHC 515 (KLR) (2 February 2023) (Ruling)

Neutral citation: [2023] KEHC 515 (KLR)

Republic of Kenya

In the High Court at Voi

Miscellaneous Criminal Application E043 of 2022

A. Ong’injo, J

February 2, 2023

Between

Republic

Applicant

and

Hezekiel Macharia Wanyoike

Respondent

Ruling

1. By a notice of motion dated September 26, 2022 the state sought for leave to file appeal out of time. The application is supported by the grounds on its face & affidavit of Franklin Sirima - Prosecution Counsel sworn on 26th September 2022.

2. The application was opposed by Hezekiel Macharia Wanyoike replying affidavit sworn on 7th November 2022. The Respondent also filed submissions dated 14th November 2022.

3. I have considered the application and find that there was no inordinate delay in seeking for orders herein. The application for leave to file appeal out of time is allowed.

4. The State/Applicants have a further 14 days to file appeal.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Otolo - Court AssistantMr. Angiema Advocate for RespondentMr. Sirma for State