County Government of Kisumu Public Health Department v Holy Ghost Coptic Church of Africa (administration) & 3 others

County Government of Kisumu Public Health Department v Holy Ghost Coptic Church of Africa (Administration) & 3 others (Miscellaneous Criminal Application 013 of 2023) [2023] KEHC 2163 (KLR) (16 March 2023) (Ruling) Neutral citation: [2023] KEHC 2163 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION 013 OF 2023 RE ABURILI, J MARCH 16, 2023 BETWEEN COUNTY GOVERNMENT OF KISUMU PUBLIC HEALTH DEPARTMENT ......................................................................................... APPLICANT AND HOLY GHOST COPTIC CHURCH OF AFRICA (ADMINISTRATION) .... 1ST RESPONDENT JOHN JUMA PESA ....................................................................... 2ND RESPONDENT DIRECTOR HOLY GHOST CHURCH OF AFRICA ............... 3RD RESPONDENT FAMILY MEMBERS/RELATIVES ............................................... 4TH RESPONDENT RULING 1. I have perused the application dated March 15, 2023 seeking for leave to appeal out of time from the ruling and order of Hon F Rashid, Principal Magistrate, Winam Law Courts rendered on February 23, 2023. 2. I observe that the delay is not inordinate and the reasons given for the delay are satisfactory as the applicant, a public body was under the mistaken belief that the number of days for appeal are exclusive of weekends. 3. In the premises, I hereby allow the application dated March 15, 2023 and grant leave to the applicant to file and serve upon the respondents herein a petition of appeal within fourteen (14) days of today and in default, the leave granted shall lapse. 4. I so order, and direct the registry in-charge to notify the applicant of this order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2163/eng@2023-03-16 1

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