[2022] KEHC 2592 (KLR)
The court found that the delay in filing the appeal was not inordinate, as the judgment sought to be challenged was delivered less than one month before the application was made. Therefore, the applicant demonstrated sufficient cause for the delay, justifying the grant of leave to appeal out of time.
Source-derived case information.
- Citation
- [2022] KEHC 2592 (KLR)
- Parties
- Applicant: Steve Odhiambo Orindi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E127 of 2022
- 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
Steve Odhiambo Orindi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to appeal out of time against the conviction and sentence in Bondo PM Cr. Case No. 828/2018.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate, as the judgment sought to be challenged was delivered less than one month before the application was made. Therefore, the applicant demonstrated sufficient cause for the delay, justifying the grant of leave to appeal out of time.
Court Disposition
Application allowed.
Orders
- Leave to appeal out of time from Bondo PM Cr. Case No. 828/2018 is granted.
- The applicant shall file and serve the Petition of Appeal upon the Office of the Director of Public Prosecutions within 14 days of this order.
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. E127 OF 2022
CORAM: HON. R.E. ABURILI, J
STEVE ODHIAMBO ORINDI......................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya
in Criminal Appeal No. 3 of 2019 AND Bondo PM’s Court, Criminal Case 828/2018)
RULING
1. I have considered the application by the applicant for leave to appeal out of time. The delay is not inordinate as the judgment sought to be challenged was delivered on 14/12/2021 which is less than one month ago. The Application for leave to appeal out of time from Bondo PM Cr. Case No. 828/2018 is hereby allowed.
2. The Applicant to file and serve his Petition of Appeal upon the Office of the Director of Public Prosecutions within 14 days of this order.
3. File is closed.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 27th Day of January 2022
R.E. ABURILI
JUDGE