Case ID:163267

Stephen Otieno v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 52 of 2020

Parties:

Stephen Otieno v Republic

Date Delivered:

01 Sep 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Stephen Otieno v Republic [2020] eKLR

Case History:

Being an Application under Rule 113 of the Court of Appeal Rules, 2010) (From original Bondo PM Criminal case No. 65 of 2019

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal case 65 of 2019

Case Outcome:

Application granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. 52 OF 2020

STEPHEN OTIENO.......APPLICANT

VERSUS

REPUBLIC.................RESPONDENT

(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)

(From original Bondo PM Criminal case No. 65 of 2019)

RULING

1. I have considered the application for leave to appeal out of time and the reasons for the delay given in the attached affidavit.

2. The applicant was convicted on 6/9/2019 and he only approached this court vide Misc Application No. 37/2020 which was dismissed on 6/7/2020 as it was mixed with an application under Rule 113 of the Court of Appeal Rules.

3. Having read the communication from Officer Incharge Kisumu Maximum Prisons dated 20/7/2020, I agree that the application ought to be for leave to appeal out of time from the judgment of the lower court.

4. In view of the earlier confusion, I grant the applicant the benefit of doubt and grant him leave to file an appeal out of time.

5. The intended appeal to be filed within 14 days of today. In default, the order lapses.

6. Registry to notify prisons and to extract this order.

7. File closed.

Date, signed and Delivered at Siaya this 1

st

Day of September 2020.

R.E. ABURILI

JUDGE