[2020] KEHC 3304 (KLR)
The court found that the applicant had provided sufficient reasons for the delay in filing the appeal and that the application for leave to appeal out of time was merited. Exercising its discretion under the relevant statutory provision, the court granted the application, allowing the applicant to file and serve the...
Source-derived case information.
- Citation
- [2020] KEHC 3304 (KLR)
- Parties
- Applicant: Stephen Otieno Sewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 50 of 2020
- Procedural Posture
- Miscellaneous 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, Criminal Appeals, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Sewe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant had provided sufficient reasons for the delay in filing the appeal and that the application for leave to appeal out of time was merited. Exercising its discretion under the relevant statutory provision, the court granted the application, allowing the applicant to file and serve the petition of appeal within 14 days, failing which the order would lapse.
Court Disposition
Application for leave to appeal out of time granted.
Orders
- The application for leave to appeal out of time is granted.
- The applicant/convict to file and serve the Petition of Appeal within 14 days of the ruling date; in default, the order lapses.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 50 OF 2020
STEPHEN OTIENO SEWE...............................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application to appeal out of timeFrom original Siaya PM Criminal case No. 3 of 2019)
RULING
1. I have considered the application for leave to appeal out of time and the reasons for the delay. I find the application merited. The same is hereby granted.
2. The Applicant/convict to file and serve the Petition of Appeal within 14 days of today. In default, this order lapses.
3. Registry to notify prisons.
4. Order to be extracted.
5. Filed closed.
6. Orders accordingly.
Date, signed and Delivered at Siaya this 1st Day of September 2020.
R.E. ABURILI
JUDGE