[2023] KEHC 23781 (KLR)
The High Court held that it was functus officio after delivering its judgment and sentencing the applicant. The court found that it lacked jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal, as such jurisdiction is vested in the Court of Appeal itself....
Source-derived case information.
- Citation
- [2023] KEHC 23781 (KLR)
- Parties
- Applicant: John Odhiambo Wairemba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E028 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Extension of Time, Appeals Process, Jurisdiction, Functus Officio
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Odhiambo Wairemba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to grant extension of time to file an appeal to the Court of Appeal after the statutory period has lapsed.
- 2 Whether the application for extension of time to appeal should be granted.
Ratio Decidendi
The High Court held that it was functus officio after delivering its judgment and sentencing the applicant. The court found that it lacked jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal, as such jurisdiction is vested in the Court of Appeal itself. Consequently, the application was dismissed for want of merit and for being filed in the wrong forum.
Court Disposition
application dismissed
Orders
- The application filed on 13-3-2023 is dismissed.
- File ordered closed.
Full Case Text
Judgment text and source record
18 paragraphs
Wairemba v Republic (Miscellaneous Criminal Application E028 of 2023) [2023] KEHC 23781 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23781 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E028 of 2023
DO Ogembo, J
October 18, 2023
Between
John Odhiambo Wairemba
Applicant
and
Republic
Respondent
Ruling
1. The applicant herein was convicted on the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. He was sentenced to serve 40 years imprisonment on 29-3-2021. He has now filed an application herein on 13/3/2023 seeking extension of time to file an appeal to the Court of Appeal. The period of filing an appeal against the conviction and sentence herein long lapsed.
2. This court is functus officio and I agree with the Prosecution that this application ought to have been filed at the Court of Appeal which has the jurisdiction to hear the intended appeal.
3. For this reason, I do not find any merit in the applicant’s application filed herein on 13-3-2023. I dismiss the same.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF OCTOBER, 2023D.O. OGEMBOJUDGE18. 10. 2023Court:File ordered closed.D.O. OGEMBOJUDGE18. 10. 2023