[2025] KEHC 9758 (KLR)

[2025] KEHC 9758 (KLR)

The court held that since the applicant's first appeal had already been heard and determined by the High Court in HCCRA No. 3 of 2014, it lacked jurisdiction to grant leave to appeal out of time in the same matter. The application for enlargement of time was therefore dismissed under section 382 of the Criminal...

Source-derived case information.

Citation
[2025] KEHC 9758 (KLR)
Parties
Applicant: Wilson Kipkoech; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Miscellaneous Criminal Application E090 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
application dismissed
Judges
RN Nyakundi
Legal Topics
Leave to Appeal Out of Time, Pauper Proceedings, Criminal Appeals, Enlargement of Time
Source Language
english
Criminal Law Civil Procedure Leave to Appeal Out of Time Pauper Proceedings Criminal Appeals Enlargement of Time

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Summary, issues, holding and outcome

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Parties

Wilson Kipkoech

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the High Court can grant leave to appeal out of time after it has already determined the applicant's first appeal.
  2. 2 Whether the applicant has demonstrated sufficient grounds to warrant enlargement of time to appeal as a pauper.

Ratio Decidendi

The court held that since the applicant's first appeal had already been heard and determined by the High Court in HCCRA No. 3 of 2014, it lacked jurisdiction to grant leave to appeal out of time in the same matter. The application for enlargement of time was therefore dismissed under section 382 of the Criminal Procedure Code. The court emphasized that once an appellate court has rendered its decision, it cannot entertain further applications relating to the same appeal, as this would amount to sitting on appeal over its own decision.

Court Disposition

application dismissed

Orders

  • The application for enlargement of time to appeal out of time is dismissed under section 382 of the Criminal Procedure Code.