[2020] KEHC 1303 (KLR)
The court found that the appellant filed the appeal 23 days after the judgment and sentence, exceeding the statutory 14-day period prescribed for filing criminal appeals. No leave of court was sought or obtained to extend the time for filing the appeal. As a result, the appeal was deemed incompetent for being filed...
Source-derived case information.
- Citation
- [2020] KEHC 1303 (KLR)
- Parties
- Appellant: Kevin Otieno Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 2 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Competency of Appeal
- Outcome
- Appeal struck out as incompetent for being filed out of time without leave of court.
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeals, Out of Time Filing, Leave of Court, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Otieno Opiyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Competency of Appeal
Legal Issues
- 1 Whether the appeal was filed within the statutory period of 14 days after sentence.
- 2 Whether leave of court was obtained to file the appeal out of time.
Ratio Decidendi
The court found that the appellant filed the appeal 23 days after the judgment and sentence, exceeding the statutory 14-day period prescribed for filing criminal appeals. No leave of court was sought or obtained to extend the time for filing the appeal. As a result, the appeal was deemed incompetent for being filed out of time without the requisite leave, and was accordingly struck out.
Court Disposition
Appeal struck out as incompetent for being filed out of time without leave of court.
Orders
- The appeal is struck out as incompetent.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
Criminal Appeal No. 2 Of 2019
CORAM: HON. R.E. ABURILI J
KEVIN OTIENO OPIYO..............................................................................APPELLANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
(Appeal from the Judgment, conviction and sentence delivered on 17. 12. 2018
in Ukwala SRM’s Court in Sexual Offence Case No. 40 of 2018
by Hon. G. Adhiambo, Senior Resident Magistrate)
RULING
1. Appeal was filed 23 days after judgment and No leave of court was obtained to extend time.
2. The appeal should have been filed within 14 days of date of sentence. It is hereby found to be incompetent and struck out.
3. File closed.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 25th Day of November 2020
R.E. ABURILI
JUDGE