[2023] KEHC 24405 (KLR)
The court determined that the Notice of Appeal was erroneously filed under a new file (Criminal Appeal E060 of 2023) instead of being filed in the existing Criminal Appeal No. E003 of 2022. To correct this procedural irregularity, the court ordered that all documents received in the erroneous file be transferred to...
Source-derived case information.
- Citation
- [2023] KEHC 24405 (KLR)
- Parties
- Appellant: Daniel Okoth Ogada; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E060 of 2023
- Procedural Posture
- Criminal Appeal / Preliminary Ruling
- Outcome
- file_closed_and_documents_transferred
- Judges
- RE Aburili
- Legal Topics
- Appeal Filing, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Okoth Ogada
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Preliminary Ruling
Legal Issues
- 1 Whether the Notice of Appeal was properly filed in the correct case file.
- 2 Whether the current file should be closed and documents transferred to the appropriate file.
Ratio Decidendi
The court determined that the Notice of Appeal was erroneously filed under a new file (Criminal Appeal E060 of 2023) instead of being filed in the existing Criminal Appeal No. E003 of 2022. To correct this procedural irregularity, the court ordered that all documents received in the erroneous file be transferred to the correct file and that the present file be closed. This ensures proper case management and adherence to procedural rules.
Court Disposition
file_closed_and_documents_transferred
Orders
- Documents received to be transferred to HCCRA No. E003 of 2022.
- This file (Criminal Appeal E060 of 2023) is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ogada v Republic (Criminal Appeal E060 of 2023) [2023] KEHC 24405 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24405 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E060 of 2023
RE Aburili, J
October 27, 2023
Between
Daniel Okoth Ogada
Appellant
and
Republic
Respondent
Ruling
1. This file was opened on October 11, 2023 erroneously as the Notice of Appeal ought to have been filed in Criminal Appeal No. E003 of 2022 and not as a separate court file.
2. Documents received to be transferred to HCCRA No. E003 of 2022.
3. In the premises, I hereby close this file. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE