[2020] KEHC 3300 (KLR)
The court held that the applicant had not demonstrated any plausible points of law to warrant leave to appeal out of time against the ruling declining transfer of his criminal cases. Furthermore, the applicant had not sought or obtained leave to appeal, and no right of appeal accrues directly from such a ruling. The...
Source-derived case information.
- Citation
- [2020] KEHC 3300 (KLR)
- Parties
- Applicant: Bernard Omondi Mumbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 62 of 2020
- 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, Transfer of Criminal Cases, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bernard Omondi Mumbo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time against the ruling declining transfer of his criminal cases.
- 2 Whether there exists a right of appeal from a ruling declining transfer of a case from one court to another.
- 3 Whether the application is merited in law and fact.
Ratio Decidendi
The court held that the applicant had not demonstrated any plausible points of law to warrant leave to appeal out of time against the ruling declining transfer of his criminal cases. Furthermore, the applicant had not sought or obtained leave to appeal, and no right of appeal accrues directly from such a ruling. The court found the application to be unmerited and a tactic to delay the expeditious determination of the criminal charges. The court also found no evidence of pauperism to justify waiver of court fees. Consequently, the application was dismissed, and the applicant was directed to submit to the jurisdiction of the Bondo Principal Magistrate’s Court for the conclusion of his...
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant is directed to submit to the jurisdiction of Bondo Principal Magistrate’s Court to conclude the pending criminal cases.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 62 OF 2020
BERNARD OMONDI MUMBO.......................................................APPLICANT
VERSUS
REPUBLIC....................................................................................RESPONDENT
(Being an application seeking sentence Review against sentence vide Siaya PM’S Court Criminal Case No. 29 of 2020)
RULING
1. The applicant BERNARD OMONDI MUMBO seeks leave to appeal out of time from a Ruling of this Court declining to transfer some of his many criminal cases from Bondo Principal Magistrate’s Court to other Courts.
2. The Ruling is dated 7. 7.2020. There are no plausible points of law disclosed for an intended appeal from the Ruling of this Court. Furthermore, no leave of court to appeal (not appeal out of time) was sought and granted by the court as no right of appeal accrues directly from a ruling to decline transfer of a case from one court to another court.
3. The applicant simply wants to delay expeditious determination of the several criminal charges facing him yet he can still appeal against any unfavourable outcomes on the merits of the criminal cases facing him.
4. I find this application not merited. I further find no evidence of pauperism to warrant waiver of Court fees.
5. I dismiss the application and direct the applicant to submit to the jurisdiction of Bondo Principal Magistrate’s Court to conclude the many criminal cases pending against him, considering the current situation of Covid – 19 where movement from Court to Court, of the Applicant and witnesses from Bondo to those other courts is likely to pose a high risk to other Court users.
6. File closed.
7. Orders accordingly.
Dated, signed and delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE