[2020] KEHC 4165 (KLR)
The court found that the applicant sought to challenge a judgment delivered over two and a half years prior and failed to provide any satisfactory explanation for the delay. The court held that such inordinate and unexplained delay amounts to laches, and therefore, the applicant was not entitled to the court's...
Source-derived case information.
- Citation
- [2020] KEHC 4165 (KLR)
- Parties
- Applicant: Daniel Owino Omondi alias Israel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 17 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, Delay in Filing Appeal, Laches, Criminal Procedure
- 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
Daniel Owino Omondi alias Israel
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 reason for the inordinate delay in filing the application for leave to appeal out of time.
Ratio Decidendi
The court found that the applicant sought to challenge a judgment delivered over two and a half years prior and failed to provide any satisfactory explanation for the delay. The court held that such inordinate and unexplained delay amounts to laches, and therefore, the applicant was not entitled to the court's discretion to grant leave to appeal out of time. Consequently, the application was dismissed and the file ordered closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 17 OF 2020
DANIEL OWINO OMONDI ALIAS ISRAEL.................APPLICANT
VERSUS
REPUBLIC.......................................................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010) (An Application against Judgment of the High Court of Kenya at Siaya in Criminal Case No. 12 of 2019 dated 8th December 2018 before Hon. Justice J.A. Makau - J.)
RULING
1. The judgment sought to be challenged was delivered on 8/12/2017 which is over 2½ years.
2. There is no reason for such inordinate delay. The applicant is guilty of unexplained laches.
3. The application is dismissed.
4. Filed closed.
Orders accordingly.
Dated, signed and Delivered at Siaya this 13th Day of July, 2020
R.E. ABURILI
JUDGE