[2023] KEHC 2793 (KLR)
The court found that, following the grant of leave to appeal out of time, there were no further substantive or procedural matters pending before it. Accordingly, the High Court file was ordered closed, and the lower court file was to be returned to Winam Law Courts unless and until an appeal is filed in the...
Source-derived case information.
- Citation
- [2023] KEHC 2793 (KLR)
- Parties
- Applicant: Dennis Omondi Odoku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E067 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Closure of File After Leave to Appeal Out of Time Granted
- Outcome
- File closed; lower court file to be returned to Winam Law Courts; order to be served on applicant in prison.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Sexual Offences, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi Odoku
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Closure of File After Leave to Appeal Out of Time Granted
Legal Issues
- 1 Whether there are any pending matters after leave to appeal out of time was granted.
- 2 Whether the file should be closed and the lower court file returned to Winam Law Courts.
Ratio Decidendi
The court found that, following the grant of leave to appeal out of time, there were no further substantive or procedural matters pending before it. Accordingly, the High Court file was ordered closed, and the lower court file was to be returned to Winam Law Courts unless and until an appeal is filed in the appropriate court file. This ensures proper case management and prevents unnecessary retention of files in the High Court when no active proceedings remain.
Court Disposition
File closed; lower court file to be returned to Winam Law Courts; order to be served on applicant in prison.
Orders
- This file is hereby marked as closed and entries in the CTS be made to reflect the closed file.
- The Lower Court file to be returned to Winam Law Courts until an appeal is filed in the appropriate court file before the file can be recalled.
Full Case Text
Judgment text and source record
20 paragraphs
Odoku v Republic (Miscellaneous Criminal Application E067 of 2022) [2023] KEHC 2793 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2793 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E067 of 2022
RE Aburili, J
March 24, 2023
Between
Dennis Omondi Odoku
Applicant
and
Republic
Respondent
Ruling
1. I observe that on February 28, 2023 the applicant herein was granted leave to appeal out of time from Judgment and sentence imposed by Winam Court in Sexual Offence Case No 16 of 2017 on October 12, 2020.
2. The learned judge directed this file to be closed. There is nothing else left pending to be considered in this matter.
3. This file is hereby marked as closed and entries in the CTS be made to reflect the closed file. The Lower Court file to be returned to Winam Law Courts until an appeal is filed in the appropriate court file before the file can be recalled.
4. Order to issue and served upon the applicant in prison. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE