Oberi v Republic (Criminal Appeal E152 of 2022) [2023] KEHC 475 (KLR) (Crim) (31 January 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 475
- Citation
- [2023] KEHC 475 (KLR)
- Decided
- 31 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppellant seeks leave to file an appeal out of timeCoramDO OGEMBO
Holding
Appellant's application for leave to file appeal out of time is allowed
Facts
Appellant was convicted and sentenced to 2 years' imprisonment in 2019. He filed an appeal but was never brought to court for its hearing. He learned his appeal was dismissed in 2022.
Issues
- Right to fair trial
- Right to appeal
- Delay in filing appeal
Reasoning
The court agrees that there is no set time for filing an appeal out of time and that the applicant's explanation of being in prison is a valid reason for delay.
Outcome
Leave granted to file appeal out of time
Orders
- Appellant to file appeal within 15 days from the date of the ruling
Authorities cited
Cases cited (4)
- Andrew Kiplangat Chemaringo Versus Paul Kipkorir Kibet (2018)eKLR
- Juldesa Tuke Dabelo Versus IEBC & Another (2015)eKLR
- Raila Odinga and 5 others Versus IEBC and 3 others (2013)eKLR
- Patricia Cherotich Saw Versus IEBC and 4 Others (2015)eKLR
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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