[2020] KEHC 3305 (KLR)
The court found that the applicant's previous application was dismissed due to a procedural error and that the present application was properly before the court. The court exercised its discretion to grant leave to appeal out of time, limiting the appeal to the sentence only, and directed that the appeal be filed...
Source-derived case information.
- Citation
- [2020] KEHC 3305 (KLR)
- Parties
- Applicant: Kennedy Otieno Olweny; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 53 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Olweny
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal 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 sentence imposed by the lower court.
Ratio Decidendi
The court found that the applicant's previous application was dismissed due to a procedural error and that the present application was properly before the court. The court exercised its discretion to grant leave to appeal out of time, limiting the appeal to the sentence only, and directed that the appeal be filed within 14 days, failing which the order would lapse.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Applicant granted leave to appeal out of time against sentence.
- Appeal to be filed within 14 days from the date of the ruling, failing which the order lapses.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 53 OF 2020
KENNEDY OTIENO OLWENY......................... APPLICANT
VERSUS
STATE............................................................... RESPONDENT
(Being an application seeking sentence Review from Bondo PM’s Court Criminal Case No. 624 of 2014)
RULING
1. I have considered the application by the applicant/ Convict KENNEDY OTIENO LWENY. His earlier application was dismissed because it was erroneously brought under Rule 113 of the Court of Appeal Rules.
2. The present application seeks leave to appeal out of time, from the judgment of the Lower Court on sentence alone.
3. I grant the applicant leave to appeal out of time. The appeal to be filed within 14 days of today. In default, the order lapses.
4. The Registry to notify the Prisons authorities.
5. Order to be extracted.
6. File closed.
Orders accordingly.
Dated, signed and delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE