[2022] KEHC 444 (KLR)
The court found that the applicant failed to provide any reasons for the inordinate delay of 2½ years in seeking leave to appeal out of time. The purported supporting affidavit was not sworn, and there was no explanation for the laches. The court held that the application was an afterthought and, in the absence of...
Source-derived case information.
- Citation
- [2022] KEHC 444 (KLR)
- Parties
- Applicant: Maurice Opondo Ahomo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E042 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Conviction and Sentence, Sexual Offences, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Opondo Ahomo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the delay in seeking leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant failed to provide any reasons for the inordinate delay of 2½ years in seeking leave to appeal out of time. The purported supporting affidavit was not sworn, and there was no explanation for the laches. The court held that the application was an afterthought and, in the absence of any justification for the delay, dismissed the application for leave to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ahomo v Republic (Miscellaneous Criminal Application E042 of 2022) [2022] KEHC 444 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 444 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E042 of 2022
RE Aburili, J
April 21, 2022
Between
Maurice Opondo Ahomo
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Bondo in Criminal Case No. 36 of 2018)
Ruling
1. The applicant Maurice Opondo Ahomo in his Notice of motion dated 4/4/2022 seeks for leave to appeal out of time from the conviction and sentence of a 15 years imprisonment imposed by Bondo PM’s court in Sexual Offence Case No. 36 of 2018. He claims that the conviction was on 16/10/2019 which is now 2½ years.
2. There are no reasons advanced for the inordinate delay as the purported ‘supporting affidavit’ is not sworn.
3. Accordingly, for unexplained laches, I find the application being an afterthought. The same is hereby dismissed.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE