APPLICATION FOR LEAVE;AGAINST A SENTENCE; FOR JUDICIAL REVIEW, MEANING AND REASONS | Lawmaterialskenya

APPLICATION FOR LEAVE TO APPEAL AGAINST A SENTENCE
An application for leave to appeal against sentence is generally made when the person sentenced has good grounds for thinking that their sentence is too severe or wrong in law, and wants it reduced, or replaced with a different sentence altogether (e.g. a community service order instead of imprisonment).

 The most common ground is that the sentence is manifestly excessive (i.e. that the sentence is so far outside the range of appropriate sentences that it can be said that the judge made a mistake in sentencing). Other possible grounds may include:
That the judge has: 1) acted on a wrong principle of law (e.g. by applying a principle of law incorrectly, or by applying a principle not applicable to the matter at hand);
 2) mistaken the facts;
 3) failed to take into account some relevant consideration, or taken into account extraneous or irrelevant matters, (e.g. by overlooking, undervaluing, overestimating or misunderstanding some feature or the evidence, ignoring a matter which he/she ought to have considered, or taking into account a matter which he/she ought to have ignored).

 The court will consider the grounds of appeal and may compare the sentence with other sentences imposed in similar cases. If the court is of the opinion that some other sentence, whether more or less severe, is warranted in law, it may allow the appeal. If the court allows the appeal, it must vary or set aside the original sentence and pass such other sentence as is appropriate.

This is not available in Kenya.To appeal, in Kenya, one only needs a memorandum of appeal from the lower court to be served to the higher court. As per Order 41 of Civil Procedure Rules.

APPLICATION OF LEAVE OF COURT FOR JUDICIAL REVIEW
Application for leave is by way of Chamber Summons under Civil Procedure Rules Order LIII(53). This application is made ex parte in sub section 3 it requires that notice be given for application for leave.
 Time limitation is crucial. Order 53 provides for time limits within which a person can apply for leave.
The law is very strict where it comes to certiorari, you have to file your application for leave within 6 months of the date your application e.g. an administrative body decides to icrease excise duties.If you do not file within 6 months the court cannot grant an extension.
 Time limitation is not stipulated for Mandamus or Prohibition but it is required that you file the application within a reasonable time.Reasonable time means that you may serve 3 months after the licence was denied and be denied leave or for 8 months and they grant leave.But with certiorari it has to be 6 months and it cannot be extended.