[2023] KEHC 24403 (KLR)
The court found that the appellant filed the appeal three years after conviction and sentence without obtaining leave of court as required by law. The absence of evidence of leave rendered the appeal fatally incompetent. The court, therefore, dismissed the appeal for want of jurisdiction and compliance with...
Source-derived case information.
- Citation
- [2023] KEHC 24403 (KLR)
- Parties
- Appellant: Dennis Omondi Odoku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E047 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Preliminary Objection Regarding Competency of Appeal
- Outcome
- Appeal dismissed as incompetent.
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Appeal Out of Time, Leave of Court, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi Odoku
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection Regarding Competency of Appeal
Legal Issues
- 1 Whether the appeal filed three years after conviction and sentence is competent without leave of court.
- 2 Whether the appellant obtained leave to file the appeal out of time.
Ratio Decidendi
The court found that the appellant filed the appeal three years after conviction and sentence without obtaining leave of court as required by law. The absence of evidence of leave rendered the appeal fatally incompetent. The court, therefore, dismissed the appeal for want of jurisdiction and compliance with statutory requirements.
Court Disposition
Appeal dismissed as incompetent.
Orders
- The appeal is dismissed for being filed out of time without leave of court.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odoku v Republic (Criminal Appeal E047 of 2023) [2023] KEHC 24403 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24403 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E047 of 2023
RE Aburili, J
October 26, 2023
Between
Dennis Omondi Odoku
Appellant
and
Republic
Respondent
(Appeal from the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. 16 of 2018 at Winam)
Ruling
1. This appeal is similar in all respects to HCCRA No. E049 of 2023 which was filed on 12th September 2023.
2. The Appellant Dennis Omondi Odoku is the same and the offence which he was convicted and sentenced to serve twenty (20) years imprisonment on 12th October 2020 is the same, being defilement contrary to Section 8(1), (3) of the Sexual Offences Act vide Winam SPM Sexual Offences Case No. 16 of 2018.
3. There is no evidence that leave was obtained to file this appeal out of time three years after the conviction and sentence.
4. Accordingly, I find this appeal to be fatally incompetent. It is hereby dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE