[2024] KEHC 6751 (KLR)
The court found that the appellant filed the appeal outside the statutory period and did not obtain leave of court to file the appeal out of time. As there was no order extending the time for filing, the court had no jurisdiction to admit the appeal. The appeal was therefore summarily rejected and struck out for...
Source-derived case information.
- Citation
- [2024] KEHC 6751 (KLR)
- Parties
- Appellant: Bonface Ndika Omukoshi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E048 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Admission of Appeal
- Outcome
- appeal struck out
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeal Timelines, Out of Time Filing, Leave of Court Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Ndika Omukoshi
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 can admit an appeal filed out of time without leave of court.
Ratio Decidendi
The court found that the appellant filed the appeal outside the statutory period and did not obtain leave of court to file the appeal out of time. As there was no order extending the time for filing, the court had no jurisdiction to admit the appeal. The appeal was therefore summarily rejected and struck out for being filed out of time without leave.
Court Disposition
appeal struck out
Orders
- The appeal is summarily rejected as it was filed out of time without leave of court.
- Appeal is struck out.
Full Case Text
Judgment text and source record
20 paragraphs
Omukoshi v Republic (Criminal Appeal E048 of 2023) [2024] KEHC 6751 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6751 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal E048 of 2023
RE Aburili, J
June 6, 2024
Between
Bonface Ndika Omukoshi
Appellant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E023 of 2023 at Tamu by Hon P.K.Rugut, on 12th and 19th April 2023 respectively)
Ruling
1. This file is before me for admission of the appeal as the trial court record is available. I have perused the trial court file. The judgment in the lower court was delivered on 12th April 2023 and the appellant was sentenced on 19/4/2023. He filed this appeal on 14/9/2023. There is no order extending the time for filing of the appeal out of time. The Appeal is summarily rejected as it was filed out of time without leave of court.
2. Appeal is struck out
3. File closed.
4. Appellant to be notified.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF JUNE, 2024R. E. ABURILIJUDGE