Case ID:185017

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None

George Otieno Obare v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Appeal E024 of 2021

Parties:

George Otieno Obare v Republic

Date Delivered:

03 Nov 2021

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

George Otieno Obare v Republic [2021] eKLR

Case History:

(An Appeal from Judgment, Conviction and sentence delivered on 27.09.2021 in SRM’s Ukwala Criminal Case No. 611 of 2019 by Hon. C.I. Agutu, Senior Resident Magistrate).

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case 611 of 2019

Extract:

0

History Magistrate:

Hon. C.I. Agutu - Senior Resident Magistrate

History County:

Siaya

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

CRIMINAL APPEAL NO. E024 OF 2021

GEORGE OTIENO OBARE...................APPELLANT

VERSUS

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

(An Appeal from Judgment, Conviction and sentence

delivered on 27.09.2021 in SRM’s Ukwala Criminal Case

No. 611 of 2019 by Hon. C.I. Agutu, Senior Resident Magistrate).

RULING

1. This matter (appeal) is before me for admission under Section 352 of the Criminal Procedure Code.

2. I however note that the judgment which is appealed from was delivered by Ukwala SRM Hon. C.I. Agutu on 27/9/2021.

3. The appeal was herein filed on 14/10/2021.

4. There is no evidence that the leave of court was ever sought and obtained before filing the appeal out of time as the appeal ought to have been filed on or before 11

th

October 2021. Nonetheless, as 11

th

October was a Monday after Huduma Day which was on Sunday 10/10/2021, the appeal should have been filed at least by 12/10/2021.

5. The appeal having been filed out of the 14 days stipulated in law, without leave of court, the same is hereby found to be incompetent. The same is hereby struck out.

6. File closed.

7. Appellant’s counsel to be notified.

8. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 3

RD

DAY OF NOVEMBER, 2021

R.E. ABURILI

JUDGE

Meta Info:

{'Case Number:': 'Criminal Appeal E024 of 2021', 'Parties:': 'George Otieno Obare v Republic', 'Date Delivered:': '03 Nov 2021', 'Case Class:': 'Criminal', 'Court:': 'High Court at Siaya', 'Case Action:': 'Ruling', 'Judge(s):': 'Roselyne Ekirapa Aburili', 'Citation:': 'George Otieno Obare v Republic [2021] eKLR', 'Case History:': '(An Appeal from Judgment, Conviction and sentence delivered on 27.09.2021 in SRM’s Ukwala Criminal Case No. 611 of 2019 by Hon. C.I. Agutu, Senior Resident Magistrate).', 'Court Division:': 'Criminal', 'County:': 'Siaya', 'History Docket No:': 'Criminal Case 611 of 2019', 'Extract:': '0', 'History Magistrate:': 'Hon. C.I. Agutu - Senior Resident Magistrate', 'History County:': 'Siaya', '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'}