[2022] KEHC 16870 (KLR)
The court found that the appellant filed the appeal outside the statutory 14-day period following the sentence, and did so without seeking or obtaining leave of the court to file out of time. The last day for filing was not a weekend or public holiday, and no explanation for the delay was provided. As a result, the...
Source-derived case information.
- Citation
- [2022] KEHC 16870 (KLR)
- Parties
- Appellant: Isaack Odhiambo Ojwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E031 of 2022
- Procedural Posture
- Criminal Appeal / Ruling on Admission of Appeal
- Outcome
- appeal struck out for being filed out of time without leave; file closed
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeal Timelines, Jurisdiction, Late Filing, Admission of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Odhiambo Ojwang
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Admission of Appeal
Legal Issues
- 1 Whether the appeal was filed within the statutory period prescribed for criminal appeals.
- 2 Whether the court has jurisdiction to admit an appeal filed out of time without leave.
Ratio Decidendi
The court found that the appellant filed the appeal outside the statutory 14-day period following the sentence, and did so without seeking or obtaining leave of the court to file out of time. The last day for filing was not a weekend or public holiday, and no explanation for the delay was provided. As a result, the court held that it lacked jurisdiction to admit or hear the appeal, and accordingly struck it out as incompetent and time-barred.
Court Disposition
appeal struck out for being filed out of time without leave; file closed
Orders
- The appeal is struck out as it was filed out of time without leave of court.
- The appellant to be notified forthwith.
Full Case Text
Judgment text and source record
21 paragraphs
Ojwang v Republic (Criminal Appeal E031 of 2022) [2022] KEHC 16870 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16870 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal E031 of 2022
RE Aburili, J
December 19, 2022
Between
Isaack Odhiambo Ojwang
Appellant
and
Republic
Respondent
(An Appeal against the Judgment, conviction and sentence by Hon. S.W. Mathenge, Senior Resident Magistrate on 23. 9.2022 at Bondo PM’s Court in Cr. Sexual Offence Case No. E020 of 2021)
Ruling
1. This appeal is before me for admission to hearing. I note that judgment in the lower court was delivered on September 23, 2022 and sentence passed on October 14, 2022.
2. The appeal ought to have been filed within 14 days of October 14, 2022 which was October 28, 2022. Instead, the appeal was filed on October 31, 2022. The last day for filing of the appeal was not a public holiday or a weekend. This appeal was filed out of time without leave of court. It is hereby struck out as this court has no jurisdiction to entertain stale claims.
3. The appellant to be notified forthwith.
4. This file is closed.
5. I so order
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE