[2018] KEHC 1449 (KLR)

[2018] KEHC 1449 (KLR)

The court found that since the applicant had already filed Kisumu Criminal Appeal Case No. 88 of 2018, the application for leave to appeal out of time was unnecessary and therefore rejected. The existence of a pending appeal precludes the need for leave to file an appeal out of time, as the right of appeal has...

Source-derived case information.

Citation
[2018] KEHC 1449 (KLR)
Parties
Appellant: George Omondi Okuto; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 54 of 2018
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application rejected
Legal Topics
Leave to Appeal, Out of Time Appeal, Criminal Procedure
Source Language
en
Criminal Law Leave to Appeal Out of Time Appeal Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

George Omondi Okuto

Appellant

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 since the applicant had already filed Kisumu Criminal Appeal Case No. 88 of 2018, the application for leave to appeal out of time was unnecessary and therefore rejected. The existence of a pending appeal precludes the need for leave to file an appeal out of time, as the right of appeal has already been exercised.

Court Disposition

application rejected

Orders

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