[2021] KEHC 698 (KLR)
The court found that after the dismissal of the applicant's appeal against conviction, and the reduction of sentence, the applicant filed a Notice of Appeal and the entire appeal record was transmitted to the Court of Appeal. As a result, the High Court no longer had jurisdiction to entertain any further...
Source-derived case information.
- Citation
- [2021] KEHC 698 (KLR)
- Parties
- Applicant: Joseph Owino Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Constitutional Application E125 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Owino Omollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against the judgment of the High Court.
- 2 Whether the High Court retains jurisdiction to grant leave after the appeal record has been forwarded to the Court of Appeal.
Ratio Decidendi
The court found that after the dismissal of the applicant's appeal against conviction, and the reduction of sentence, the applicant filed a Notice of Appeal and the entire appeal record was transmitted to the Court of Appeal. As a result, the High Court no longer had jurisdiction to entertain any further applications in the matter, including the application for leave to appeal out of time. The application was therefore dismissed for lack of merit, as the file was already before the Court of Appeal for consideration of the second appeal.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E125 OF 2021
CORAM: R.E. ABURILI, J
JOSEPH OWINO OMOLLO.....APPLICANT
VERSUS
REPUBLIC..............................RESPONDENT
Being an applicationseeking leave to file out time from arising from conviction and sentence of the High Court at Siaya in Criminal Appeal No. 55 of 2017 on 07/10/2019)
RULING
1. I have considered the application by the applicant Joseph Owino Omollo as filed on 1/12/2021. He seeks leave to appeal out of time to the Court of Appeal from the judgment of this court rendered in HCRA 55 of 2017 on 7/10/2019.
2. However, the court records in our possession shows that after dismissal of his appeal against conviction, this court nonetheless reduced his sentence from life imprisonment to 75 years imprisonment to be calculated from date of his arrest on 3/6/2016.
3. The appellant then filed Notice of Appeal on 15/10/2019. The entire Appeal record from this Court has since been forwarded to the Court of Appeal. There is therefore no file upon which this court can make any other orders as the file was send to the Court of Appeal at Kisumu for consideration of the second appeal.
4. Accordingly, this application for leave to appeal out of time is found to be devoid of merit and is dismissed and the file is hereby closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE