Alembi v Republic [2023] KEHC 25610 (KLR)

Alembi v Republic (Criminal Appeal E040 of 2023) [2023] KEHC 25610 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25610 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Appeal E040 of 2023

RE Aburili, J

November 17, 2023

Between

Joseph Ahindu Alembi alias Ndugu

Appellant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E498 of 2022 at Winam)

Ruling

1. The appeal is summarily rejected and struck out for reasons that the conviction and sentence were entered on July 10, 2013 but it was not until August 15, 2013, over thirty (30) days later that the appeal herein was filed in this court without leave of court being sought and obtained.

2. This court has no jurisdiction to hear and determine stale appeals which ought to have been filed within fourteen (14) days.

3. Appellant to be notified forthwith.

4. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF NOVEMBER, 2023R. E. ABURILIJUDGE