[2020] KEHC 3882 (KLR)
The court found that the applicant failed to provide any evidence of an appeal having been lodged within the prescribed time. The application did not disclose the name of the trial magistrate, and there was no record of a pending appeal. The court determined that the applicant was guilty of laches and that the...
Source-derived case information.
- Citation
- [2020] KEHC 3882 (KLR)
- Parties
- Applicant: Collins Odhiambo Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 15 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, Criminal Procedure Code Section 349, Sexual Offences Act, Conviction and Sentence, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Odhiambo Oluoch
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 leave to appeal out of time under Section 349 of the Criminal Procedure Code.
- 2 Whether there is evidence of a prior appeal lodged by the applicant within the prescribed time.
- 3 Whether the conviction and sentence were based on the correct provisions of the Sexual Offences Act.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of an appeal having been lodged within the prescribed time. The application did not disclose the name of the trial magistrate, and there was no record of a pending appeal. The court determined that the applicant was guilty of laches and that the application was devoid of merit and constituted an afterthought. Consequently, the application for leave to appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 15 OF 2020
COLLINS ODHIAMBO OLUOCH...................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
(Being an Application for leave to appeal out of time under Section 349 of theCriminal Procedure Code
from Original Criminal Case No. 412 of 2015in the Principal Magistrate’s court at Siaya
dated 30. 08. 2015, Hon. C. Okore)
RULING
1. The applicant/convict Collins Odhiambo Oluoch claims that he was convicted and sentenced by Siaya PM’s court on 30. 8.2015 of the offence of attempted defilement contrary to Section 9(1) as read with Section 9(2) of the Sexual Offences Act and sentenced to serve 30 years imprisonment. There is no such offence created under the cited provisions but under section 8(1) as read with section 8(2) of the Sexual Offences Act.
2. He now claims that he appealed within time but never received any communication. The application does not disclose the name of the trial magistrate. Nonetheless, there is no evidence of an appeal lodged in this court then, which is pending.
3. The applicant/convict is mischievous and dishonest. He is guilty if laches. The application is devoid of merit. It is an afterthought. The same is hereby dismissed.
4. File closed.
Dated, signed and Delivered at Siaya this 22nd Day of July, 2020
R.E. ABURILI
JUDGE