[2023] KEHC 25607 (KLR)
The court summarily rejected the appeal because it was filed on 21st September 2023, well after the appellant's conviction on 31st March 2023, and there was no evidence that leave to appeal out of time had been sought or granted. The statutory requirements for filing an appeal out of time were not met, and therefore...
Source-derived case information.
- Citation
- [2023] KEHC 25607 (KLR)
- Parties
- Appellant: Joseph Ochieng Ajwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E051 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Preliminary Objection/summary Rejection
- Outcome
- appeal summarily rejected and struck out
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeals, Out of Time Appeals, Leave to Appeal, Summary Rejection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ochieng Ajwang
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection/summary Rejection
Legal Issues
- 1 Whether the appeal was filed within the prescribed time period.
- 2 Whether leave to appeal out of time was sought and granted.
Ratio Decidendi
The court summarily rejected the appeal because it was filed on 21st September 2023, well after the appellant's conviction on 31st March 2023, and there was no evidence that leave to appeal out of time had been sought or granted. The statutory requirements for filing an appeal out of time were not met, and therefore the court had no jurisdiction to entertain the appeal. The appeal was struck out and the file closed.
Court Disposition
appeal summarily rejected and struck out
Orders
- The appeal is struck out.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ajwang v Republic (Criminal Appeal E051 of 2023) [2023] KEHC 25607 (KLR) (17 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25607 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E051 of 2023
RE Aburili, J
November 17, 2023
Between
Joseph Ochieng Ajwang
Appellant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E035 of 2022 at Winam)
Ruling
1. The appeal herein is summarily rejected for the reasons that the appellant was convicted on 31st March 2023 and filed this appeal on 21st September 2023.
2. There is no evidence of leave to appeal out of time having been sought and granted.
3. This appeal is struck out and file closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE