[2023] KEHC 17260 (KLR)

[2023] KEHC 17260 (KLR)

The court found that the applicant was sentenced on March 5, 2023, and the delay in seeking leave to appeal was not inordinate. On this basis, the court exercised its discretion to grant leave to the applicant to file an appeal out of time. The court further directed that the intended appeal be filed and served upon...

Source-derived case information.

Citation
[2023] KEHC 17260 (KLR)
Parties
Applicant: Oscar Odhiambo Odhiambo; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E017 of 2023
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted.
Judges
RE Aburili
Legal Topics
Leave to Appeal Out of Time, Conviction and Sentence, Sexual Offences, Appellate Jurisdiction
Source Language
en
Criminal Law Leave to Appeal Out of Time Conviction and Sentence Sexual Offences Appellate Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Oscar Odhiambo Odhiambo

Applicant

Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time against conviction and sentence.
  2. 2 Whether the delay in filing the appeal was inordinate.

Ratio Decidendi

The court found that the applicant was sentenced on March 5, 2023, and the delay in seeking leave to appeal was not inordinate. On this basis, the court exercised its discretion to grant leave to the applicant to file an appeal out of time. The court further directed that the intended appeal be filed and served upon the Office of the Director of Public Prosecutions (ODPP) Kisumu within fourteen days from the date of the ruling. The court ordered that the order be served on the applicant in prison forthwith and closed the file.

Court Disposition

Leave to appeal out of time granted.

Orders

  • Leave is granted to the applicant to file appeal out of time.
  • The intended appeal to be filed and served upon the ODPP Kisumu within fourteen (14) days of the date of the ruling.