[2020] KEHC 3318 (KLR)
The court found that the applicant had provided a plausible and acceptable explanation for the delay in filing the appeal, specifically that he did not receive the proceedings immediately after the lower court's judgment. The court exercised its discretion to allow the application, granting the applicant 14 days...
Source-derived case information.
- Citation
- [2020] KEHC 3318 (KLR)
- Parties
- Applicant: Daniel Oluoch Obudho; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 49 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Oluoch Obudho
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant had provided a plausible and acceptable explanation for the delay in filing the appeal, specifically that he did not receive the proceedings immediately after the lower court's judgment. The court exercised its discretion to allow the application, granting the applicant 14 days from the date of the ruling to file and serve a Petition of Appeal. The court further ordered that the leave would lapse if not exercised within the stipulated period and directed the Registry to notify the Prisons authorities on behalf of the applicant.
Court Disposition
application allowed
Orders
- The applicant/convict is granted leave of 14 days from today to file and serve a Petition of Appeal upon the Office of the Director of Public Prosecutions.
- In default, the leave granted shall lapse on the 14th day.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 49 OF 2020
DANIEL OLUOCH OBUDHO ....................................APPLICANT
VERSUS
STATE.........................................................................RESPONDENT
(Being an application seeking sentence Review against sentence vide Bondo PM’s Court Criminal Case No. 33 of 2019)
RULING
1. I have considered the application by the applicant DANIEL OLUOCH OBUDHO, seeking leave to appeal out of time and the affidavit in support thereof. The application explains reasons for the delay which I find plausible, that the applicant did not receive proceedings immediately after the judgment of the lower court. The delay is explained and acceptable. The application is allowed.
2. The applicant/convict is hereby granted leave of 14 days from today to file and serve a Petition of Appeal upon the Office of the Director of Public Prosecutions.
3. In default, the leave granted shall lapse on the 14th day.
4. The Registry to notify Prisons authorities on behalf of the applicant/convict.
5. Orders herein to be extracted.
6. File closed.
7. Orders accordingly.
Dated, signed and delivered at Siaya this 1st day of September, 2020.
R. E. ABURILI
JUDGE