[2025] KEHC 799 (KLR)
The court found that the applicant’s notice of appeal, filed within a miscellaneous criminal application, was procedurally irregular and not the proper legal mechanism for challenging a High Court decision. The law requires that appeals from the High Court be directed to the Court of Appeal through the prescribed...
Source-derived case information.
- Citation
- [2025] KEHC 799 (KLR)
- Parties
- Applicant: Boignan Aude-Bertille Danho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E201 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Notice of Appeal
- Outcome
- Notice of appeal struck out as irregular.
- Judges
- DR Kavedza
- Legal Topics
- Appeals Procedure, Jurisdiction of Courts, Notice of Appeal, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boignan Aude-Bertille Danho
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Appeal
Legal Issues
- 1 Whether a notice of appeal can be properly filed in a miscellaneous criminal application to challenge a High Court decision.
- 2 Whether the applicant followed the correct appellate procedure in seeking to challenge the High Court decision.
Ratio Decidendi
The court found that the applicant’s notice of appeal, filed within a miscellaneous criminal application, was procedurally irregular and not the proper legal mechanism for challenging a High Court decision. The law requires that appeals from the High Court be directed to the Court of Appeal through the prescribed appellate process. Since the applicant did not adhere to the correct procedure, the notice of appeal was struck out as irregular.
Court Disposition
Notice of appeal struck out as irregular.
Orders
- The notice of appeal filed by the applicant is struck out.
Full Case Text
Judgment text and source record
18 paragraphs
Danho v Republic (Miscellaneous Criminal Application E201 of 2024) [2025] KEHC 799 (KLR) (4 February 2025) (Ruling)
Neutral citation: [2025] KEHC 799 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E201 of 2024
DR Kavedza, J
February 4, 2025
Between
Boignan Aude-Bertille Danho
Applicant
and
Republic
Respondent
Ruling
1. I have considered the undated notice of appeal filed by the applicant, which seeks to challenge the Milimani High Court’s decision of 31st May 2022, delivered by Hon. Lady Justice D.O. Chepkowony.
2. I note that, in accordance with the applicable legal provisions, a decision of the High Court on appeal may only be challenged before the Court of Appeal. The right to appeal must be exercised within the framework of the prescribed appellate procedures. Furthermore, a notice of appeal filed in a miscellaneous application is not the proper legal mechanism for challenging the decision of the court. The appropriate procedure must be adhered to in seeking appellate relief.
3. In the circumstances, the notice of appeal is irregular and is hereby struck out.
RULING DATED AND DELIVERED THIS 4TH DAY OF FEBRUARY 2025. D. KAVEDZAJUDGE