[2022] KEHC 11571 (KLR)

[2022] KEHC 11571 (KLR)

The court found that the delay in filing the appeal was not inordinate and, exercising its discretion, granted the applicant leave to appeal out of time from the judgment and sentence in Siaya CM’s court Sexual Offence case No. 23/2020. The court directed that the appeal be filed and served within 14 days, failing...

Source-derived case information.

Citation
[2022] KEHC 11571 (KLR)
Parties
Applicant: Dalmus Oburu Omollo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E056 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted.
Judges
RE Aburili
Legal Topics
Leave to Appeal Out of Time, Criminal Appeals, Extension of Time
Source Language
en
Criminal Law Leave to Appeal Out of Time Criminal Appeals Extension of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Dalmus Oburu Omollo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time from the judgment and sentence of the lower court.

Ratio Decidendi

The court found that the delay in filing the appeal was not inordinate and, exercising its discretion, granted the applicant leave to appeal out of time from the judgment and sentence in Siaya CM’s court Sexual Offence case No. 23/2020. The court directed that the appeal be filed and served within 14 days, failing which the leave would lapse.

Court Disposition

Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to appeal out of time from the judgment and sentence in Siaya CM’s court Sexual Offence case No. 23/2020.
  • The appeal to be filed and served within 14 days of the ruling date.