[2021] KEHC 2459 (KLR)
The court found that the appellant filed the appeal outside the statutory 14-day period without seeking or obtaining leave of court. The deadline for filing was 12/10/2021, accounting for Huduma Day on 10/10/2021 and the following Monday. Since the appeal was filed on 14/10/2021 without leave, it was incompetent and...
Source-derived case information.
- Citation
- [2021] KEHC 2459 (KLR)
- Parties
- Appellant: George Otieno Obare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E024 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Admission of Appeal
- Outcome
- appeal struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeal Timelines, Leave of Court, Admission of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
George Otieno Obare
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Admission of Appeal
Legal Issues
- 1 Whether the appeal was filed within the statutory period of 14 days from the date of judgment.
- 2 Whether leave of court was sought and obtained for filing the appeal out of time.
Ratio Decidendi
The court found that the appellant filed the appeal outside the statutory 14-day period without seeking or obtaining leave of court. The deadline for filing was 12/10/2021, accounting for Huduma Day on 10/10/2021 and the following Monday. Since the appeal was filed on 14/10/2021 without leave, it was incompetent and could not be admitted. The court accordingly struck out the appeal for want of compliance with mandatory procedural requirements.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for being filed out of time without leave of court.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. E024 OF 2021
GEORGE OTIENO OBARE...................APPELLANT
VERSUS
REPUBLIC............................................RESPONDENT
(An Appeal from Judgment, Conviction and sentence
delivered on 27. 09. 2021 in SRM’s Ukwala Criminal Case
No. 611 of 2019 by Hon. C.I. Agutu, Senior Resident Magistrate).
RULING
1. This matter (appeal) is before me for admission under Section 352 of the Criminal Procedure Code.
2. I however note that the judgment which is appealed from was delivered by Ukwala SRM Hon. C.I. Agutu on 27/9/2021.
3. The appeal was herein filed on 14/10/2021.
4. There is no evidence that the leave of court was ever sought and obtained before filing the appeal out of time as the appeal ought to have been filed on or before 11th October 2021. Nonetheless, as 11th October was a Monday after Huduma Day which was on Sunday 10/10/2021, the appeal should have been filed at least by 12/10/2021.
5. The appeal having been filed out of the 14 days stipulated in law, without leave of court, the same is hereby found to be incompetent. The same is hereby struck out.
6. File closed.
7. Appellant’s counsel to be notified.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE