[2024] KEHC 12923 (KLR)
The High Court lacks jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal under Section 349 of the Criminal Procedure Code. Such applications must be filed directly in the Court of Appeal. The applicant's application is therefore incompetent and must be struck out...
Source-derived case information.
- Citation
- [2024] KEHC 12923 (KLR)
- Parties
- Applicant: Erick Majani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E143 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- AC Bett
- Legal Topics
- Extension of Time, Leave to Appeal, Jurisdiction, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Majani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal under Section 349 of the Criminal Procedure Code.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal under Section 349 of the Criminal Procedure Code. Such applications must be filed directly in the Court of Appeal. The applicant's application is therefore incompetent and must be struck out for want of jurisdiction.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out.
- Applicant to file his application in the Court of Appeal.
Full Case Text
Judgment text and source record
18 paragraphs
Majani v Republic (Miscellaneous Criminal Application E143 of 2024) [2024] KEHC 12923 (KLR) (9 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12923 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E143 of 2024
AC Bett, J
October 9, 2024
Between
Erick Majani
Applicant
and
Republic
Respondent
Ruling
1. The application for extension of time for leave to file an appeal to the Court of Appeal is incompetent. Under Section 349 of the CPC (Criminal Procedure Code), the application should be filed in the Court of Appeal.
2. The application is therefore struck out. Applicant to file his application in the Court of Appeal.
3. The file is hereby marked as closed. Order to be served on Applicant.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 9TH DAY OF OCTOBER 2024. A. C. BETTJUDGEIn the presence of:No appearance for the ApplicantMs. Chala for the RespondentCourt Assistant: Polycap