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Court of AppealAllowedMisc. Criminal Application No. 242 of 2018· [2018] KECA 887 (KLR)
Alexander Mwanthi Musisya v Republic
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's High Court gave a man extra time to appeal his criminal case, but required him to file within 14 days.
What this practically means
#Executive summary
#This is a brief, single-page ruling of the High Court of Kenya at Nairobi, Criminal Division, in Misc. Criminal Application No. 242 of 2018, delivered by G. W. Ngenye-Macharia, J, on 22 November 2018. Alexander Mwanthi Musisya, the applicant, sought leave to file an appeal out of time against an unstated decision, with the Republic as respondent. The court allowed the application dated 22 November 2018, granted the applicant leave to file the appeal out of time, and directed that the appeal be filed and served within fourteen days. The ruling sets out no reasoning: it does not identify the decision or court appealed from, the length of the delay, the explanation offered, or any principles guiding the exercise of the discretion. No authorities or statutory provisions are cited, no costs order is made, and the application was evidently unopposed or disposed of summarily. For practising advocates, the value of this decision lies only in the orders made - it is authority in form that the High Court can extend time to appeal in criminal matters, but it offers no guidance on the factors governing such extensions. The proceedings below, and any appeal subsequently filed pursuant to the leave granted, are not part of this record.
Key legal issues
#01
Whether leave should issue for an appeal to be filed out of time
Holding
Leave was granted without recorded reasons or supporting analysis.
Reasoning
The ruling contains no reasoning, no discussion of the length of delay, no explanation for the delay, and no consideration of the respondent's position. It simply allows the application dated 22 November 2018, grants leave, and directs that the appeal be filed and served within fourteen days.
p. 1
Legal principles established
#- The High Court may grant leave to file an appeal out of time and impose a time limit for filing and serving the appeal.
Court orders
#- 1.The applicant's application dated 22/11/2018 is allowed
- 2.The applicant is granted leave to file appeal out of time
- 3.The appeal be filed and served within 14 days
- Jurisdiction invoked
- Not stated in the judgment (inherent/appellate jurisdiction of the High Court in criminal matters granting leave to appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alexander Mwanthi Musisya v Republic", Case Analysis (2018). Misc. Criminal Application No. 242 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/887/eng@2018-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.