Danho v Republic [2025] KEHC 799 (KLR) | Appeals Procedure | Esheria

Danho v Republic [2025] KEHC 799 (KLR)

Full Case Text

Danho v Republic (Miscellaneous Criminal Application E201 of 2024) [2025] KEHC 799 (KLR) (4 February 2025) (Ruling)

Neutral citation: [2025] KEHC 799 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E201 of 2024

DR Kavedza, J

February 4, 2025

Between

Boignan Aude-Bertille Danho

Applicant

and

Republic

Respondent

Ruling

1. I have considered the undated notice of appeal filed by the applicant, which seeks to challenge the Milimani High Court’s decision of 31st May 2022, delivered by Hon. Lady Justice D.O. Chepkowony.

2. I note that, in accordance with the applicable legal provisions, a decision of the High Court on appeal may only be challenged before the Court of Appeal. The right to appeal must be exercised within the framework of the prescribed appellate procedures. Furthermore, a notice of appeal filed in a miscellaneous application is not the proper legal mechanism for challenging the decision of the court. The appropriate procedure must be adhered to in seeking appellate relief.

3. In the circumstances, the notice of appeal is irregular and is hereby struck out.

RULING DATED AND DELIVERED THIS 4TH DAY OF FEBRUARY 2025. D. KAVEDZAJUDGE