[2025] KEHC 454 (KLR)
The court found that the applicant provided a reasonable and plausible explanation for the delay in filing the appeal. In the absence of opposition from the respondent and given that no prejudice would be suffered by the respondent, the court held that the applicant's right to access justice under Articles 48 and 50...
Source-derived case information.
- Citation
- [2025] KEHC 454 (KLR)
- Parties
- Applicant: Oscar Otieno Osalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E011 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- DK Kemei
- Legal Topics
- Leave to Appeal Out of Time, Right of Appeal, Constitutional Rights Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Otieno Osalo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided a reasonable explanation for the delay in filing the appeal out of time.
- 2 Whether the applicant should be granted leave to file an appeal out of time under the circumstances.
- 3 Whether the respondent would suffer prejudice if leave is granted.
Ratio Decidendi
The court found that the applicant provided a reasonable and plausible explanation for the delay in filing the appeal. In the absence of opposition from the respondent and given that no prejudice would be suffered by the respondent, the court held that the applicant's right to access justice under Articles 48 and 50 of the Constitution would be upheld by granting leave. The application was therefore allowed, and the notice of appeal was endorsed for transmission to the Court of Appeal Registry.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed as prayed.
- The Notice of Appeal is endorsed and the Deputy Registrar is ordered to transmit the same to the Court of Appeal Registry.
Full Case Text
Judgment text and source record
17 paragraphs
Osalo v Republic (Criminal Miscellaneous Application E011 of 2024) [2025] KEHC 454 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 454 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E011 of 2024
DK Kemei, J
January 17, 2025
Between
Oscar Otieno Osalo
Applicant
and
Republic
Respondent
Ruling
Court 1. I have perused the Applicant’s application dated 22/1/2024 together with the affidavit in support thereof. It is noted that the murder case was finalized on 22/11/20223 and that the Applicant has not filed the appeal within the requisite 14 days.
2. However, the explanation on the delay in the absence of a response by the Respondent is found to be reasonable and plausible. No prejudice will be suffered by the Respondent if the Applicant is allowed to lodge his appeal out of time. It is the right of the Applicant to access justice pursuant to Article 48 and 50 of the Constitution. I find merit in the application and I allow the same as prayed. The Notice of Appeal is hereby endorsed and that the Deputy Registrar is ordered to transmit the same to the Court of Appeal Registry. The Applicant will thereafter receive directions from the Court of Appeal Registry. This file is marked closed.
DATED AND DELIVERED AT SIAYA THIS 17THDAY OF JANUARY 2025. D. KEMEIJUDGE