[2024] KEHC 6835 (KLR)

The court found that the appellant filed the appeal outside the statutory period prescribed for criminal appeals without seeking or obtaining leave of court to enlarge time. As a result, the appeal was summarily rejected and struck out for being incompetent.

Source-derived case information.

Citation: [2024] KEHC 6835 (KLR)
Parties: Appellant: George Obuya Odhiambo; Respondent: Republic
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Criminal Appeal E021 of 2024
Procedural Posture: Criminal Appeal / Ruling on Admission of Appeal
Outcome: Appeal summarily rejected and struck out as filed out of time without leave.
Judges: RE Aburili
Legal Topics: Criminal Appeal Timelines, Leave to Appeal Out of Time
Source Language: en

Criminal Law Criminal Appeal Timelines Leave to Appeal Out of Time

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

George Obuya Odhiambo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Admission of Appeal

Legal Issues

1 Whether the appeal was filed within the statutory time limit for criminal appeals.
2 Whether the appellant sought and obtained leave to file the appeal out of time.

Ratio Decidendi

Court Disposition

Appeal summarily rejected and struck out as filed out of time without leave.

Orders

The appeal is summarily rejected and struck out.
File closed.

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