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REPUBLIC vs JOEL CHERUIYOT MITEI [2000] KEHC 239 (KLR)

[2000] KEHC 239 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
239
Citation
[2000] KEHC 239 (KLR)
Decided
24 March 2000
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal against acquittalCoramD. M. RIMITA
Holding

The appeal is struck out as it was filed out of time and without the leave of the court.

Facts

The respondent was charged with manslaughter under Section 202 of the Penal Code, but the charge was defective as it did not include the penalty section. The respondent was acquitted.

Issues

  1. Time of filing the appeal
  2. Defect in the charge

Reasoning

The appeal was not filed within the allowed time and without the court's leave, thus it was incompetent.

Outcome

The appeal is struck out.

Orders

  • The appeal is struck out

Authorities cited

Legislation (1)
  • Penal Code
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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