[2023] KEHC 1781 (KLR)
The court found that although there was inordinate delay in bringing the application for leave to appeal out of time, the applicant was unrepresented and claimed ignorance of his right to appeal. Exercising judicial discretion and giving the applicant the benefit of doubt, the court granted leave to file and serve...
Source-derived case information.
- Citation
- [2023] KEHC 1781 (KLR)
- Parties
- Applicant: Charles Ooko Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E020 of 2023
- 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, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Ooko Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time from Siaya CM Criminal SO 07/2020.
- 2 Whether the delay in bringing the application is excusable.
Ratio Decidendi
The court found that although there was inordinate delay in bringing the application for leave to appeal out of time, the applicant was unrepresented and claimed ignorance of his right to appeal. Exercising judicial discretion and giving the applicant the benefit of doubt, the court granted leave to file and serve the appeal within 14 days, emphasizing access to justice for unrepresented persons.
Court Disposition
Leave to appeal out of time granted.
Orders
- Applicant granted leave to file and serve the appeal upon the ODPP, Siaya, within 14 days of the ruling date.
- Registry to notify the applicant of this order forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E020 of 2023) [2023] KEHC 1781 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1781 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E020 of 2023
RE Aburili, J
February 28, 2023
Between
Charles Ooko Onyango
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal in Siaya CM’s Cr. SO E07/2020)
Ruling
1. The applicant seeks leave of court to appeal out of time from Siaya CM Criminal SO 07/2020. He does not state when the conviction or sentence was passed. He says he did not know his right of appeal.
2. There is inordinate delay in bringing the application. Nonetheless, as he is in person, I give him the benefit of doubt. I grant him leave to file and serve the appeal upon the ODPP, Siaya, within 14 days of today.
3. Registry to notify him of this order forthwith.
4. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE