[2021] KEHC 3867 (KLR)
The court found that the applicant had delayed for over one year and five months in seeking leave to appeal out of time and had failed to provide any grounds or reasons for this inordinate delay. The absence of an explanation for the delay amounted to laches, and as such, the court was not persuaded to exercise its...
Source-derived case information.
- Citation
- [2021] KEHC 3867 (KLR)
- Parties
- Applicant: Collins Oluoch Ogweno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E097 of 2021
- Procedural Posture
- Miscellaneous 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, Inordinate Delay, Laches, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Oluoch Ogweno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous 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 in light of the delay.
Ratio Decidendi
The court found that the applicant had delayed for over one year and five months in seeking leave to appeal out of time and had failed to provide any grounds or reasons for this inordinate delay. The absence of an explanation for the delay amounted to laches, and as such, the court was not persuaded to exercise its discretion in favour of the applicant. The application was therefore found to be devoid of merit and 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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E097 OF 2021
CORAM: HON. R.E. ABURILI, J
COLLINS OLUOCH OGWENO.......APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
(Being an Application seeking for leave to appeal out of time from Judgment in Siaya
HC Criminal Case No. 32 of 2017 delivered on 4/5/2020)
RULING
1. The convict applicant Collins Oluoch Ogweno seeks for leave to appeal out of time from Siaya HCR 32/2017 in a judgment delivered on 4/5/2020 (Murder).
2. It is over one year and five months since he was convicted. There is no ground or reasons given for the inordinate delay in filing merely a Notice of Appeal and in seeking to appeal out of time as required under the Court of Appeal Rules.
3. I find the applicant guilty of inordinate delay and laches. The application is found to be devoid of merit. It is hereby dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE