[2024] KEHC 13402 (KLR)

[2024] KEHC 13402 (KLR)

The court found that although there was a delay in filing the application for leave to appeal out of time, the delay was not inordinate. The applicant was self-represented, and no substantial prejudice would be occasioned to the respondent by granting the application. The interests of justice required that the...

Source-derived case information.

Citation
[2024] KEHC 13402 (KLR)
Parties
Applicant: Ian Omondi; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
31 October 2024
Case Number
Miscellaneous Criminal Application E220 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Judges
RE Aburili
Legal Topics
Leave to Appeal Out of Time, Conviction and Sentence, Delay in Filing Appeal
Source Language
english
Criminal Law Civil Procedure Leave to Appeal Out of Time Conviction and Sentence Delay in Filing Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ian Omondi

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 conviction and sentence of the lower court.
  2. 2 Whether the delay in filing the application is inordinate and prejudicial to justice.

Ratio Decidendi

The court found that although there was a delay in filing the application for leave to appeal out of time, the delay was not inordinate. The applicant was self-represented, and no substantial prejudice would be occasioned to the respondent by granting the application. The interests of justice required that the applicant be given an opportunity to appeal against the conviction and sentence. Accordingly, the court exercised its discretion to allow the application and granted the applicant leave to file the appeal out of time, with a direction that the appeal be filed and served within 14 days.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is granted leave to file an appeal out of time from the conviction in Winam SPM Criminal Case No. E460 of 2024.
  • The appeal shall be filed and served within 14 days of the ruling.