[2020] KEHC 8975 (KLR)
The court allowed the application by consent of both parties, granting the applicant leave to file and serve a petition of appeal against conviction and sentence out of time. The court exercised its discretion under the Criminal Procedure Code, noting that both the applicant and the prosecution consented to the...
Source-derived case information.
- Citation
- [2020] KEHC 8975 (KLR)
- Parties
- Applicant: George Omulo Tinga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 3 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed by consent; leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Leave to Appeal Out of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Omulo Tinga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal against conviction and sentence out of time.
Ratio Decidendi
The court allowed the application by consent of both parties, granting the applicant leave to file and serve a petition of appeal against conviction and sentence out of time. The court exercised its discretion under the Criminal Procedure Code, noting that both the applicant and the prosecution consented to the extension of time. The court further directed that the appeal be lodged within 14 days and ordered the file closed, thereby concluding the matter at this stage.
Court Disposition
Application allowed by consent; leave to appeal out of time granted.
Orders
- Leave is granted to the applicant/convict George Omulo Tinga to file and serve a petition of appeal against conviction and sentence in Bondo Principal Magistrate’s Criminal Case No. 1110 of 2019 out of time.
- The appeal to be lodged in this court within 14 days of this date.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 3 OF 2020
GEORGE OMULO TINGA...........................................................APPLICANT
VERSUS
REPUBLIC..................................................................................RESPONDENT
(Being a Petition for resentencing in Bondo Principal Magistrate’s Court Criminal Case No. 1110 of 2019)
RULING
1. By consent between the Applicant’s Counsel Mr. Oduol holding brief for M/s. Anyango Advocate and Mr. Okachi, Senior Principal Prosecution Counsel, the Applicant’s Application dated 10. 1.2020 be and is hereby allowed in the following terms:
(a) Leave be and is hereby granted to the applicant/convict George Omulo Tinga to file and serve a Petition of appeal against conviction and sentence in Bondo Principal Magistrate’s Criminal Case No. 1110 of 2019 out of time.
(b) The appeal to be lodged in this court within 14 days of this date.
(c) This file is closed.
Dated, Signed and Delivered at Siaya this 27th Day of January, 2020
R.E. ABURILI
JUDGE