[2022] KEHC 2707 (KLR)
The court found that the applicant failed to provide any sufficient or reasonable explanation for the inordinate delay between the delivery of the judgment on 11/11/2019 and the filing of the present application on 20/1/2022. The court held that the application was an afterthought and did not meet the threshold for...
Source-derived case information.
- Citation
- [2022] KEHC 2707 (KLR)
- Parties
- Applicant: Erastus Omwonya Madowo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeal, Conviction and Sentence, Application for Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Omwonya Madowo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the application to challenge the conviction and sentence.
- 2 Whether the application for extension of time is merited.
Ratio Decidendi
The court found that the applicant failed to provide any sufficient or reasonable explanation for the inordinate delay between the delivery of the judgment on 11/11/2019 and the filing of the present application on 20/1/2022. The court held that the application was an afterthought and did not meet the threshold for extension of time as required by the applicable legal principles. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E007 OF 2022
CORAM: HON. R.E. ABURILI, J
ERASTUS OMWONYA MADOWO......................................................................APPLICANT
VERSUS
REPUBLIC............................................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya in
Criminal Appeal No. 85 of 2019 AND Siaya PM’s Court, Criminal Case 919/2016
delivered on 5/9/2017 by Hon. T.M. Olando, Senior Resident Magistrate)
RULING
1. I have considered the application by the convict/Applicant filed on 20/1/2022 under Rule 113 of the Court of Appeal Rules.
2. There is no reason sufficiently explaining the inordinate delay as the judgment sought to be impugned was delivered on 11/11/2019.
3. I find this application to be an afterthought and it is hereby dismissed.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE