[2024] KEHC 7289 (KLR)
The court found that the delay in filing the appeal was not inordinate and was satisfactorily explained by the applicant as being due to technical issues with e-filing, which have since been resolved. The application for leave to appeal out of time was made promptly once the issue was resolved. The court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 7289 (KLR)
- Parties
- Applicant: Daniel Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E086 of 2024
- 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
- Leave to Appeal Out of Time, Robbery With Violence, Conviction and Sentence, Delay in Filing, E Filing Technicalities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Odero
Applicant
Republic
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 conviction and sentence for robbery with violence.
- 2 Whether the delay in filing the appeal was inordinate or excusable.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate and was satisfactorily explained by the applicant as being due to technical issues with e-filing, which have since been resolved. The application for leave to appeal out of time was made promptly once the issue was resolved. The court exercised its discretion under Section 349 of the Criminal Procedure Code to grant the applicant leave to file the appeal out of time, emphasizing that the interests of justice would be served by allowing the applicant an opportunity to challenge his conviction and sentence.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file an appeal out of time from Winam SPM Criminal Case No. E460 of 2023.
- The appeal shall be filed within 14 days of service of this order upon the applicant through the Prison authorities.
Full Case Text
Judgment text and source record
23 paragraphs
Odero v Republic (Miscellaneous Criminal Application E086 of 2024) [2024] KEHC 7289 (KLR) (11 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7289 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E086 of 2024
RE Aburili, J
June 11, 2024
Between
Daniel Odero
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. E460 of 2023 at Winam)
Ruling
1. The Applicant is David Odero. Vide Notice of Motion dated 2nd May 2024, he seeks leave of court to appeal against conviction and sentence imposed on him on 15th April 2024 by Winam Court in Winam SPM Criminal Case No. E460 of 2023 of 15 years imprisonment for the offence of robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code.
2. The reason for the delay is given as the technical issued of e-filing that has now been resolves by the prison administration.
3. I observe that the delay in filing the appeal is not inordinate as the application was ready for filing on 2nd May 2024 but the filing was done late.
4. I allow the application and grant the Applicant Daniel Odero leave to file an appeal out of time from Winam SPM Criminal Case No. E460 of 2023.
5. The appeal shall be filed within 14 days of service of this order upon the applicant through the Prison authorities.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF JUNE, 2024R. E. ABURILIJUDGE