[2025] KECA 1238 (KLR)
The court declined to proceed with the application for leave to appeal out of time because the applicant had not complied with a prior order requiring the filing of a supplementary affidavit. Compliance with court directions is a prerequisite for the hearing and determination of such applications. The matter was...
Source-derived case information.
- Citation
- [2025] KECA 1238 (KLR)
- Parties
- Applicant: Boru ali Guyo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E009 of 2025
- Procedural Posture
- Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Application adjourned for non-compliance with prior court order.
- Judges
- W Karanja
- Legal Topics
- Leave to Appeal Out of Time, Appellate Procedure, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boru ali Guyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the applicant has complied with the directions of the court regarding the filing of a supplementary affidavit.
Ratio Decidendi
The court declined to proceed with the application for leave to appeal out of time because the applicant had not complied with a prior order requiring the filing of a supplementary affidavit. Compliance with court directions is a prerequisite for the hearing and determination of such applications. The matter was adjourned to allow the applicant to comply with the outstanding order before a new hearing date is set.
Court Disposition
Application adjourned for non-compliance with prior court order.
Orders
- The application is taken out for the applicant to comply with the directions of the order dated 5th March 2025.
- A new hearing date to be given after compliance.
Full Case Text
Judgment text and source record
18 paragraphs
Guyo v Republic (Criminal Application E009 of 2025) [2025] KECA 1238 (KLR) (3 July 2025) (Ruling)
Neutral citation: [2025] KECA 1238 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Criminal Application E009 of 2025
W Karanja, JA
July 3, 2025
Between
Boru ali Guyo
Applicant
and
Republic
Respondent
(Being an application for leave to appeal out of time from the Judgment of the High Court at Marsabit (J.N. Njagi, J.) dated 20th September 2023 in HC Criminal Appeal No. E014 of 2023)
Ruling
1. Before me is a notice of motion dated 31st January 2025 seeking leave for the applicant to file an appeal out of time. Although I note that the application is unopposed, I have seen an order dated 5th March 2025 in which Kantai, JA, directed that the appellant be asked to file a supplementary affidavit giving some details indicated in the said order. That order has not been complied with.
2. Accordingly, this application is taken out for the applicant to comply with the said directions. Another hearing date be given after the said compliance .
DATED AND DELIVERED AT NYERI THIS 3RD DAY OF JULY 2025. W. KARANJA………………..……….…….JUDGE OF APPEAL