[2019] KEHC 3347 (KLR)

[2019] KEHC 3347 (KLR)

The court found that the Notice of Appeal was filed within the required time frame. However, it was improperly filed in a miscellaneous criminal application file instead of the substantive criminal appeal file (HCRA 55 of 2017). The court directed that the documents be refiled in the correct file and declared the...

Source-derived case information.

Citation
[2019] KEHC 3347 (KLR)
Parties
Applicant: Joseph Owino Omollo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 30 of 2019
Procedural Posture
Miscellaneous Application / Ruling
Outcome
The Notice of Appeal is within time but must be refiled in the correct case file. The miscellaneous application file is closed.
Judges
RE Aburili
Legal Topics
Notice of Appeal, Filing Procedure
Source Language
en
Criminal Law Notice of Appeal Filing Procedure

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Summary, issues, holding and outcome

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Parties

Joseph Owino Omollo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the Notice of Appeal was filed within the prescribed time period.
  2. 2 Whether the Notice of Appeal was filed in the correct case file.

Ratio Decidendi

The court found that the Notice of Appeal was filed within the required time frame. However, it was improperly filed in a miscellaneous criminal application file instead of the substantive criminal appeal file (HCRA 55 of 2017). The court directed that the documents be refiled in the correct file and declared the current miscellaneous application file irrelevant, ordering its closure.

Court Disposition

The Notice of Appeal is within time but must be refiled in the correct case file. The miscellaneous application file is closed.

Orders

  • The Notice of Appeal filed on 15.10.2019 is to be received in HCRA 55 of 2017 and not in the miscellaneous criminal application file.
  • The documents are to be refiled in the relevant file and appropriate action taken.