[2020] KEHC 728 (KLR)

[2020] KEHC 728 (KLR)

The court found that the appeal was filed on 2/12/2020 against a judgment delivered on 18/5/2020, which is well outside the statutory period for filing criminal appeals. No leave of court was sought or obtained to file the appeal out of time. As a result, the appeal was deemed incompetent and was summarily rejected...

Source-derived case information.

Citation
[2020] KEHC 728 (KLR)
Parties
Appellant: Maurice Otieno Sigunda; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Appeal E019 of 2020
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection (summarily Rejecting Appeal)
Outcome
appeal summarily rejected and struck out as incompetent
Judges
RE Aburili
Legal Topics
Appeal Out of Time, Leave of Court, Summary Rejection
Source Language
en
Criminal Law Appeal Out of Time Leave of Court Summary Rejection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Maurice Otieno Sigunda

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection (summarily Rejecting Appeal)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time period.
  2. 2 Whether leave of court was obtained to file the appeal out of time.

Ratio Decidendi

The court found that the appeal was filed on 2/12/2020 against a judgment delivered on 18/5/2020, which is well outside the statutory period for filing criminal appeals. No leave of court was sought or obtained to file the appeal out of time. As a result, the appeal was deemed incompetent and was summarily rejected and struck out.

Court Disposition

appeal summarily rejected and struck out as incompetent

Orders

  • The appeal is summarily rejected as it was filed out of time without leave of court.
  • The appeal is found incompetent and is struck out.