[2023] KEHC 25631 (KLR)

[2023] KEHC 25631 (KLR)

The court found that the appellant was convicted on 13th July 2023 and sentenced on 24th July 2023. The appeal was filed on 22nd August 2023, which was outside the statutory fourteen-day period for lodging criminal appeals. The appellant did not seek or obtain leave of court to file the appeal out of time....

Source-derived case information.

Citation
[2023] KEHC 25631 (KLR)
Parties
Appellant: Isaac Zula Simiyu; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Appeal E043 of 2023
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection/summary Rejection
Outcome
Appeal summarily rejected and struck out for being filed out of time without leave.
Judges
RE Aburili
Legal Topics
Criminal Appeals, Limitation Periods, Leave to Appeal
Source Language
en
Criminal Law Criminal Appeals Limitation Periods Leave to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Isaac Zula Simiyu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection/summary Rejection

Legal Issues

  1. 1 Whether the appeal was filed within the statutory period of fourteen days from the date of sentence as required by law.
  2. 2 Whether the appellant sought and obtained leave to file the appeal out of time.

Ratio Decidendi

The court found that the appellant was convicted on 13th July 2023 and sentenced on 24th July 2023. The appeal was filed on 22nd August 2023, which was outside the statutory fourteen-day period for lodging criminal appeals. The appellant did not seek or obtain leave of court to file the appeal out of time. Consequently, the court summarily rejected and struck out the appeal for being incompetent and filed out of time without leave.

Court Disposition

Appeal summarily rejected and struck out for being filed out of time without leave.

Orders

  • The appeal is summarily rejected and struck out.
  • This file is closed.