Obiero v Republic (Miscellaneous Criminal Application E280 of 2022) [2023] KEHC 2801 (KLR) (Crim) (25 January 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2801
- Citation
- [2023] KEHC 2801 (KLR)
- Decided
- 25 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureAppeal from conviction and sentence, application for bail pending appealCoramJM BWONWONG'A
Holding
The appeal is dismissed. The applicant is granted leave to appeal out of time. The application for bail is dismissed.
Facts
The appellant was convicted and sentenced to 15 years imprisonment for simple robbery. He applied for leave to appeal out of time and bail pending appeal.
Issues
- Whether the appellant has met out a case for the grant of leave to appeal out of time.
- Whether the appellant has met out a case for the grant of bail pending the hearing and determination of his appeal.
Reasoning
The appeal cannot be deemed to have been duly filed due to the provisions of section 352 of the Criminal Procedure Code. The appellant's claim that he is not a flight risk is not relevant as he has already been convicted.
Outcome
Appeal dismissed, leave to appeal out of time granted
Orders
- Leave to appeal out of time granted
- Application for bail dismissed
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (1)
- Salat v IEBC & 7 others (2014) e-KLR
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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