[2019] KEHC 2900 (KLR)

[2019] KEHC 2900 (KLR)

The court found that the applicant's Notice of Appeal was filed out of time, more than 30 days after the delivery of the impugned judgment, and that no leave of court was sought for the late filing. As a result, the Notice of Appeal was struck out for being incompetent.

Source-derived case information.

Citation
[2019] KEHC 2900 (KLR)
Parties
Applicant: John Oketch Okoth; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 32 of 2019
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Appeal Filed Out of Time
Outcome
Notice of Appeal struck out; file closed.
Judges
RE Aburili
Legal Topics
Criminal Appeals, Notice of Appeal, Extension of Time
Source Language
en
Criminal Law Criminal Appeals Notice of Appeal Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Oketch Okoth

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Notice of Appeal Filed Out of Time

Legal Issues

  1. 1 Whether the Notice of Appeal filed by the applicant was filed within the prescribed time period.
  2. 2 Whether leave of court is required to file a Notice of Appeal out of time in criminal matters.

Ratio Decidendi

The court found that the applicant's Notice of Appeal was filed out of time, more than 30 days after the delivery of the impugned judgment, and that no leave of court was sought for the late filing. As a result, the Notice of Appeal was struck out for being incompetent.

Court Disposition

Notice of Appeal struck out; file closed.

Orders

  • The Notice of Appeal dated 26.9.2019 but filed in court on 18.10.2019 is struck out.
  • The file is closed.