[2020] KEHC 3321 (KLR)
The court found that the applicant's delay in seeking leave to appeal was occasioned by procedural confusion, specifically the mixing of applications under Rule 113 of the Court of Appeal Rules, and that the communication from the Officer Incharge Kisumu Maximum Prisons corroborated the applicant's explanation. In...
Source-derived case information.
- Citation
- [2020] KEHC 3321 (KLR)
- Parties
- Applicant: Stephen Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 52 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- leave to appeal out of time granted
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant's delay in seeking leave to appeal was occasioned by procedural confusion, specifically the mixing of applications under Rule 113 of the Court of Appeal Rules, and that the communication from the Officer Incharge Kisumu Maximum Prisons corroborated the applicant's explanation. In the interests of justice and giving the applicant the benefit of doubt, the court exercised its discretion to grant leave to appeal out of time, subject to the appeal being filed within 14 days, failing which the order would lapse.
Court Disposition
leave to appeal out of time granted
Orders
- The applicant is granted leave to file an appeal out of time.
- The intended appeal must be filed within 14 days of the ruling date; otherwise, the order lapses.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 52 OF 2020
STEPHEN OTIENO.......APPLICANT
VERSUS
REPUBLIC.................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)
(From original Bondo PM Criminal case No. 65 of 2019)
RULING
1. I have considered the application for leave to appeal out of time and the reasons for the delay given in the attached affidavit.
2. The applicant was convicted on 6/9/2019 and he only approached this court vide Misc Application No. 37/2020 which was dismissed on 6/7/2020 as it was mixed with an application under Rule 113 of the Court of Appeal Rules.
3. Having read the communication from Officer Incharge Kisumu Maximum Prisons dated 20/7/2020, I agree that the application ought to be for leave to appeal out of time from the judgment of the lower court.
4. In view of the earlier confusion, I grant the applicant the benefit of doubt and grant him leave to file an appeal out of time.
5. The intended appeal to be filed within 14 days of today. In default, the order lapses.
6. Registry to notify prisons and to extract this order.
7. File closed.
Date, signed and Delivered at Siaya this 1st Day of September 2020.
R.E. ABURILI
JUDGE