[2016] KEHC 1629 (KLR)

[2016] KEHC 1629 (KLR)

The High Court lacks jurisdiction to grant leave to appeal out of time to the Court of Appeal once it has already determined the criminal appeal. Such leave must be sought directly from the Court of Appeal as per section 349 of the Criminal Procedure Code. Furthermore, Article 159(2)(c) of the Constitution, which...

Source-derived case information.

Citation
[2016] KEHC 1629 (KLR)
Parties
Appellant: Chris Munyoki Musee; Respondent: Republic
Court
High Court
Court Station
High Court at Garissa
Jurisdiction
Kenya
Judgment Date
11 October 2016
Case Number
Criminal Appeal 61 of 2013
Procedural Posture
Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time and Invocation of Constitutional Review
Outcome
application dismissed
Judges
GMA Dulu
Legal Topics
Incest Offence, Leave to Appeal Out of Time, Appellate Jurisdiction, Constitutional Review, Alternative Dispute Resolution
Source Language
english
Criminal Law Incest Offence Leave to Appeal Out of Time Appellate Jurisdiction Constitutional Review Alternative Dispute Resolution

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Summary, issues, holding and outcome

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Parties

Chris Munyoki Musee

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time and Invocation of Constitutional Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant leave to appeal out of time to the Court of Appeal after dismissing the original appeal.
  2. 2 Whether Article 159(2)(c) of the Constitution can be invoked to review a criminal sentence after the appeal has been determined.
  3. 3 Whether the application for alternative dispute resolution is properly before the court.

Ratio Decidendi

The High Court lacks jurisdiction to grant leave to appeal out of time to the Court of Appeal once it has already determined the criminal appeal. Such leave must be sought directly from the Court of Appeal as per section 349 of the Criminal Procedure Code. Furthermore, Article 159(2)(c) of the Constitution, which concerns traditional dispute resolution mechanisms, is not applicable in the context of a concluded criminal appeal and cannot be invoked to review a sentence or judgment after the appellate process in the High Court has been exhausted. The applicant's oral request to invoke alternative dispute resolution mechanisms is therefore dismissed, and the applicant is advised to pursue...

Court Disposition

application dismissed

Orders

  • The oral request to invoke alternative dispute resolution mechanisms under Article 159(2)(c) of the Constitution is dismissed.
  • The applicant is advised to seek leave to appeal out of time from the Court of Appeal.