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. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/799/eng@2025-02-04 1
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