[2018] KEHC 1397 (KLR)

[2018] KEHC 1397 (KLR)

The court found that the applicant had already filed Criminal Appeal Case No. 66 of 2018. Since the purpose of seeking leave to appeal out of time is to enable the filing of an appeal after the expiry of the statutory period, and the applicant had already exercised this right by filing the appeal, the application...

Source-derived case information.

Citation
[2018] KEHC 1397 (KLR)
Parties
Applicant: Enock Ochango Mungao; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 52 of 2018
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application rejected
Legal Topics
Leave to Appeal Out of Time, Criminal Appeal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Enock Ochango Mungao

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal out of time when a criminal appeal has already been filed.

Ratio Decidendi

The court found that the applicant had already filed Criminal Appeal Case No. 66 of 2018. Since the purpose of seeking leave to appeal out of time is to enable the filing of an appeal after the expiry of the statutory period, and the applicant had already exercised this right by filing the appeal, the application for leave was rendered redundant and unnecessary. The court therefore rejected the application on this ground.

Court Disposition

application rejected

Orders

  • The application for leave to appeal out of time is rejected.