[2023] KEHC 24404 (KLR)
The court found that the appellant filed the appeal three years after conviction without obtaining leave of court as required by law. Furthermore, the appellant had already filed a similar appeal, and no reasons were provided for the delay or the duplication. The absence of leave rendered the appeal incompetent, and...
Source-derived case information.
- Citation
- [2023] KEHC 24404 (KLR)
- Parties
- Appellant: Dennis Omondi Odoku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E049 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Competency of Appeal
- Outcome
- appeal dismissed as incompetent
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Appeal Out of Time, Competency of Appeal
- 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 Competency of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time period.
- 2 Whether the appellant obtained leave to file the appeal out of time.
- 3 Whether the filing of two similar appeals is permissible.
Ratio Decidendi
The court found that the appellant filed the appeal three years after conviction without obtaining leave of court as required by law. Furthermore, the appellant had already filed a similar appeal, and no reasons were provided for the delay or the duplication. The absence of leave rendered the appeal incompetent, and the court dismissed it on that basis.
Court Disposition
appeal dismissed as incompetent
Orders
- The appeal is dismissed as incompetent.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odoku v Republic (Criminal Appeal E049 of 2023) [2023] KEHC 24404 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24404 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E049 of 2023
RE Aburili, J
October 26, 2023
Between
Dennis Omondi Odoku
Appellant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. 16 of 2018 at Winam)
Ruling
1. The Appellant herein Dennis Omondi Odoku is the convict in Winam SPM Sexual Offences Case No. 16 of 2018 wherein he was convicted and sentenced to serve twenty (20) years imprisonment on 12th October 2020 for defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. This appeal was filed on 12th September 2023 and there is no evidence that the Appellant obtained leave of court to file this appeal out of time.
3. In addition, the same Appellant and convict herein also filed a similar appeal vide HCCRA No. E047 of 2023 which was filed on 14th September 2023.
4. No reasons are given for the late filing, three (3) years after conviction and why two appeals.
5. In the premises, I find this appeal incompetent and is hereby dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE