[2022] KEHC 14412 (KLR)
The High Court dismissed the application on the basis that it lacked jurisdiction to grant leave to appeal out of time because the original court file and records of appeal had already been transmitted to the Court of Appeal at Kisumu. The court found that, procedurally, once the records are before the appellate...
Source-derived case information.
- Citation
- [2022] KEHC 14412 (KLR)
- Parties
- Applicant: Joseph Owino Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E103 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Appeal Out of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Owino Omollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court can grant leave to appeal out of time when the original file and records have already been transmitted to the Court of Appeal.
- 2 Whether the applicant is entitled to the orders sought in the application.
Ratio Decidendi
The High Court dismissed the application on the basis that it lacked jurisdiction to grant leave to appeal out of time because the original court file and records of appeal had already been transmitted to the Court of Appeal at Kisumu. The court found that, procedurally, once the records are before the appellate court, any application for leave or further orders must be made to that court. The applicant was therefore directed to pursue his appeal and any related applications at the Court of Appeal. The application was found to be devoid of merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Omollo v Republic (Miscellaneous Criminal Application E103 of 2022) [2022] KEHC 14412 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14412 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E103 of 2022
RE Aburili, J
October 26, 2022
Between
Joseph Owino Omollo
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal from Siaya HCRA 55/2017)
Ruling
1. The applicant Joseph Owino Omollo was the appellant in HCRA 55/2017 which was determined by this court and dismissed on October 7, 2019. He filed Notice of Appeal on October 15, 2019 and the records held by this court show that the Registry submitted the original court file and records of appeal to the Court of Appeal at Kisumu hence there is no leave that can be granted by this court to appeal out of time.
2. The convict/applicant should flow up his appeal at the Court of Appeal.
3. This application is devoid of any merit.
4. It is hereby dismissed.
5. File closed
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE