[2021] KEHC 5537 (KLR)
The court found that the application for leave to appeal out of time was not brought with inordinate delay. Consequently, the court exercised its discretion to allow the application and granted the applicant 14 days from the date of the ruling to file and serve the appeal upon the Office of Director of Public...
Source-derived case information.
- Citation
- [2021] KEHC 5537 (KLR)
- Parties
- Applicant: Daniel Musewe Ayoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E078 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Musewe Ayoo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the application for leave to appeal out of time was brought without inordinate delay.
Ratio Decidendi
The court found that the application for leave to appeal out of time was not brought with inordinate delay. Consequently, the court exercised its discretion to allow the application and granted the applicant 14 days from the date of the ruling to file and serve the appeal upon the Office of Director of Public Prosecutions.
Court Disposition
application allowed
Orders
- The application for leave to appeal out of time is allowed.
- The applicant is granted 14 days from today to file and serve his appeal upon the Office of Director of Public Prosecutions.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL CASE NO. E078 OF 2021
DANIEL MUSEWE AYOO..................................................APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
(Application from the judgment, conviction and sentence in BONDO PMCRC NO. 46 OF 2020 delivered on 20th April, 2021 for leave to appeal out of time)
RULING
1. As the application for leave to appeal out of time has not been brought with inordinate delay, the same is allowed.
2. The Applicant is granted 14 days of today to file and serve his appeal upon the Office of Director of Public Prosecutions.
3. Orders accordingly.
4. File Closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE