[2022] KEHC 1634 (KLR)
The court found that the applicant had provided satisfactory reasons for the delay in filing the appeal and determined that he deserved an opportunity to ventilate his grievances on appeal. Consequently, leave to appeal out of time was granted.
Source-derived case information.
- Citation
- [2022] KEHC 1634 (KLR)
- Parties
- Applicant: Jared Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E028 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Arson Conviction, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against conviction and sentence for arson.
Ratio Decidendi
The court found that the applicant had provided satisfactory reasons for the delay in filing the appeal and determined that he deserved an opportunity to ventilate his grievances on appeal. Consequently, leave to appeal out of time was granted.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant is granted leave to appeal out of time.
- The applicant shall file and serve his memorandum of appeal upon the Office of the Director Public Prosecutions within 14 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E028 OF 2022
CORAM: HON. R.E. ABURILI, J
JARED OTIENO.......APPLICANT
VERSUS
REPUBLIC...........RESPONDENT
(Being anApplication arising from convictionand sentence of the fromPrincipal Magistrate’sCourt at Bondo in Criminal Case No. E1817 of 2021)
RULING
I have considered the Application for leave to appeal out of time from the judgment and conviction on 16/12/2021 for the offence of arson.
I have also considered the reasons for the delay in filing of the application. I am satisfied that the applicant deserves a chance to ventilate his grievances on appeal. I grant him leave to appeal out time.
The applicant to file and serve his memorandum of appeal upon the Office of the Director Public Prosecutions (ODPP) within 14 days of today.
This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE