[2025] KEHC 484 (KLR)
The court exercised its discretion to allow the applicant to file an appeal out of time, notwithstanding the absence of reasons for the delay, in order to afford the applicant an opportunity to be heard on appeal. The overriding consideration was the interest of justice and the applicant's right to appeal. The...
Source-derived case information.
- Citation
- [2025] KEHC 484 (KLR)
- Parties
- Applicant: Jackson Ouma Bobeka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E122 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DK Kemei
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Ouma Bobeka
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the ruling of Aburili J, dated 27/9/2024.
Ratio Decidendi
The court exercised its discretion to allow the applicant to file an appeal out of time, notwithstanding the absence of reasons for the delay, in order to afford the applicant an opportunity to be heard on appeal. The overriding consideration was the interest of justice and the applicant's right to appeal. The application was therefore allowed as prayed, and directions were given for the notice of appeal to be processed and transmitted to the Court of Appeal Registry.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed as prayed.
- The Deputy Registrar is directed to ensure that the Notice of Appeal is endorsed and transmitted to the Court of Appeal Registry.
Full Case Text
Judgment text and source record
16 paragraphs
Bobeka v Republic (Miscellaneous Criminal Application E122 of 2024) [2025] KEHC 484 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 484 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E122 of 2024
DK Kemei, J
January 17, 2025
Between
Jackson Ouma Bobeka
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Jackson Ouma Bebeka filed the present application dated 28/10/2024 seeking to lodge an appeal out of time to the Court of Appeal against the ruling of Aburili J, made on 27/9/2024. Even though the Applicant has not given reasons as to why he had not lodged the requisite appeal on time, I am inclined to grant him an opportunity to present his appeal to the Court of Appeal against the ruling of Aburili J, dated 27/9/2024. The application is allowed as prayed. The Deputy Registrar is directed to ensure that the Notice of Appeal is endorsed and transmitted to the Court of Appeal Registry. The Applicant will receive further directions from the said Court of Appeal Registry. This file is ordered closed.
DATED AND DELIVERED AT SIAYA THIS 17TH DAY OF JANUARY, 2025. D. KEMEIJUDGE