[2023] KEHC 3101 (KLR)
The court found that the delay in seeking leave to appeal out of time was not inordinate and that no prejudice would be occasioned to the respondent by granting the application. The right of the convict to appeal and ventilate his grievances was emphasized. The court exercised its discretion in favour of the...
Source-derived case information.
- Citation
- [2023] KEHC 3101 (KLR)
- Parties
- Applicant: Elija Onyango Oware; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Conviction and Sentence, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elija Onyango Oware
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 against conviction and sentence.
- 2 Whether the delay in filing the appeal was inordinate or prejudicial.
Ratio Decidendi
The court found that the delay in seeking leave to appeal out of time was not inordinate and that no prejudice would be occasioned to the respondent by granting the application. The right of the convict to appeal and ventilate his grievances was emphasized. The court exercised its discretion in favour of the applicant, granting leave to appeal out of time and directing that the memorandum of appeal be filed and served within 14 days.
Court Disposition
Application for leave to appeal out of time granted.
Orders
- Leave to appeal out of time is granted to the applicant.
- The memorandum of appeal to be filed and served upon the ODPP within 14 days of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Oware v Republic (Miscellaneous Criminal Application E006 of 2023) [2023] KEHC 3101 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3101 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E006 of 2023
RE Aburili, J
March 28, 2023
Between
Elija Onyango Oware
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application for leave to appeal out of time dated February 10, 2013. The Applicant is Elijah Onyango Oware.
2. He was convicted and sentenced to serve two (2) years imprisonment on December 22, 2022 vide Kisumu Chief Magistrate Criminal Case No. E976 OF 2022 after pleading guilty to the offence of stealing.
3. I find no prejudice in granting the convict leave to appeal out of time as the delay is not inordinate and the leave sought is discretionary but taking into account the right of the Convict to appeal and ventilate his grievances.
4. The prosecution shall have the opportunity to challenge the appeal once filed. I grant the applicant herein leave to appeal out of time
5. The memorandum of appeal to be filed and served upon the ODPP within 14 days of today. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF MARCH, 2023R. E. ABURILIJUDGE