[2024] KEHC 3389 (KLR)

[2024] KEHC 3389 (KLR)

The court found that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number rather than as a miscellaneous application. The Case Tracking System (CTS) assigned an appeal number because of this error. The court held that such applications must be filed as...

Source-derived case information.

Citation
[2024] KEHC 3389 (KLR)
Parties
Applicant: Robert Okello; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Criminal Appeal E017 of 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Outcome
application struck out
Judges
DR Kavedza
Legal Topics
Leave to Appeal Out of Time, Procedural Irregularity, Filing Errors
Source Language
en
Criminal Law Civil Procedure Leave to Appeal Out of Time Procedural Irregularity Filing Errors

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Okello

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant can seek leave to appeal out of time by way of a notice of motion filed under an appeal number instead of a miscellaneous application.
  2. 2 Whether the court can grant leave to appeal out of time in the absence of a properly instituted miscellaneous application.

Ratio Decidendi

The court found that the applicant's notice of motion seeking leave to appeal out of time was improperly filed under an appeal number rather than as a miscellaneous application. The Case Tracking System (CTS) assigned an appeal number because of this error. The court held that such applications must be filed as miscellaneous applications to be properly before the court. Consequently, the application was struck out, but the applicant was granted liberty to file a proper miscellaneous application seeking the same relief.

Court Disposition

application struck out

Orders

  • The undated notice of motion application is struck out.
  • The applicant is at liberty to file a proper miscellaneous application seeking leave to appeal out of time.