[2018] KEHC 2152 (KLR)
The court found that the appellant filed the appeal out of time and without obtaining leave of court as required by law. The prior dismissal of the application for revision of sentence did not cure this defect. Consequently, the appeal was a nullity ab initio and incompetent, warranting its dismissal. The appellant...
Source-derived case information.
- Citation
- [2018] KEHC 2152 (KLR)
- Parties
- Appellant: Remi Sunguti Wanyama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 49 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
- Outcome
- Appeal dismissed as incompetent and a nullity ab initio.
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Leave of Court, Revision of Sentence, Competence of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Remi Sunguti Wanyama
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Legal Issues
- 1 Whether the appeal filed by the appellant out of time without leave of court is competent.
- 2 Whether the dismissal of the application for revision of sentence affects the validity of the appeal.
Ratio Decidendi
The court found that the appellant filed the appeal out of time and without obtaining leave of court as required by law. The prior dismissal of the application for revision of sentence did not cure this defect. Consequently, the appeal was a nullity ab initio and incompetent, warranting its dismissal. The appellant was ordered to serve the full sentence imposed by the trial court.
Court Disposition
Appeal dismissed as incompetent and a nullity ab initio.
Orders
- The appeal is dismissed as incompetent.
- The appellant to serve the full sentence imposed by the trial court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 49 OF 2017
(CORAM: R. E. ABURILI - J.)
REMI SUNGUTI WANYAMA..............................APPELLANT
VERSUS
REPUBLIC..........................................................RESPONDENT
(Being an Appeal against Conviction and Sentence on a Judgment delivered on Criminal Case No. 19 of 2017 at Ukwala Law Courts, SRM’s Court)
RULING
1. I have perused the file herein. I note that the Appellant filed this appeal out of time without leave of court and after his application for Revision of Sentence was dismissed on 20/3/2018.
2. That being the case, the appeal is a nullity ab initio. The same is incompetent. It is hereby dismissed.
3. The Appellant to serve full sentence imposed by the trial court.
Dated, Signed and Delivered at SIAYA this 9th Day of October 2018.
R.E. ABURILI
JUDGE