[2021] KEHC 3500 (KLR)
The court found that the applicant had not yet filed a memorandum or petition of appeal but had expressed the intention to appeal the judgment, conviction, and sentence of the lower court. In the absence of a formal petition, the court exercised its discretion to grant leave to the applicant to file a petition of...
Source-derived case information.
- Citation
- [2021] KEHC 3500 (KLR)
- Parties
- Appellant: Austine Ochieng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E007 of 2021
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal granted. File closed.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine Ochieng Ochieng
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal against the judgment, conviction, and sentence of the lower court.
Ratio Decidendi
The court found that the applicant had not yet filed a memorandum or petition of appeal but had expressed the intention to appeal the judgment, conviction, and sentence of the lower court. In the absence of a formal petition, the court exercised its discretion to grant leave to the applicant to file a petition of appeal within 14 days, ensuring that the applicant's right to appeal is preserved in accordance with procedural requirements.
Court Disposition
Leave to appeal granted. File closed.
Orders
- The applicant is granted leave to file a Petition of Appeal within 14 days from the date of the ruling with a clear heading of Petition of Appeal.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. E007 OF 2021
CORAM: HON. R.E. ABURILI, J
AUSTINE OCHIENG OCHIENG.............................................APPELLANT/APPLICANT
VERSUS
REPUBLIC........................................................................................................RESPONDENT
(Being an Application seeking leave to file an Appeal from the Judgment,
conviction and sentence of Bondo Principal Magistrate’s Court
in Cr. Case No. 735 of 2019)
RULING
1. I have perused the document filed by the ‘appellant’ and it seeks leave to appeal from the judgment, conviction and sentence of the lower court in Bondo PM Cr. Case No. 735/2019.
2. There is no Memorandum or Petition of Appeal filed. That being the case, I grant the appellant leave to file a Petition of Appeal within 14 days of today with a clear heading of Petition of Appeal.
3. This file is closed.
4. The Registry to notify the applicant through Prison authorities forthwith.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE