[2022] KEHC 11395 (KLR)
The court found that the applicant failed to provide any sworn affidavit or explanation for the five-year delay in seeking leave to appeal out of time. The absence of any acceptable reason for such an inordinate delay meant there was no basis for the court to exercise its discretion to enlarge time. Consequently,...
Source-derived case information.
- Citation
- [2022] KEHC 11395 (KLR)
- Parties
- Applicant: Walter Otieno Akumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E055 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
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Conviction and Sentence, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Otieno Akumu
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 grounds for the court to exercise discretion to enlarge time to file an appeal out of time.
- 2 Whether the delay of five years in seeking leave to appeal is justified.
Ratio Decidendi
The court found that the applicant failed to provide any sworn affidavit or explanation for the five-year delay in seeking leave to appeal out of time. The absence of any acceptable reason for such an inordinate delay meant there was no basis for the court to exercise its discretion to enlarge time. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 13/5/2022 for leave to appeal out of time is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Akumu v Republic (Miscellaneous Criminal Application E055 of 2022) [2022] KEHC 11395 (KLR) (27 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11395 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E055 of 2022
RE Aburili, J
May 27, 2022
Between
Walter Otieno Akumu
Applicant
and
Republic
Respondent
(Being an Application arising from the conviction and sentence in HCCRA No. 103/2015 and in the Principal Magistrate’s Court at Bondo in Criminal Case No. 29 of 2015)
Ruling
1. This applicant was convicted and sentenced to serve life imprisonment vide Bondo PM Sexual Offence Case No. 29/2015, for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. He appealed to this Court vide HCRA 103 of 2015 and vide a judgment delivered on 16th February 2017 by Hon. A.J. Makau J, the appeal against conviction and sentence was dismissed. Five years are over. He now wants leave to appeal out of time. I have considered the application which is unsupported by any sworn affidavit to explain the laches.
3. I find no ground upon which I can exercise discretion to enlarge time for filing of the appeal after 5 years lapse and with no acceptable reason for such an inordinate delay. I decline the application dated 13/5/2022 and dismiss it.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF MAY, 2022R.E. ABURILIJUDGE