[2022] KEHC 2710 (KLR)
The court found that the applicant failed to provide sufficient grounds or explanation for the delay in seeking leave to appeal out of time. The applicant had previously filed a similar application in 2016 but did not disclose its outcome, and the present application was filed several years after the judgment sought...
Source-derived case information.
- Citation
- [2022] KEHC 2710 (KLR)
- Parties
- Applicant: Fredrick Otieno Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E013 of 2022
- 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, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Otieno Onyango
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 grounds for leave to appeal out of time.
- 2 Whether the application is barred by laches.
Ratio Decidendi
The court found that the applicant failed to provide sufficient grounds or explanation for the delay in seeking leave to appeal out of time. The applicant had previously filed a similar application in 2016 but did not disclose its outcome, and the present application was filed several years after the judgment sought to be appealed. The court held that the application was devoid of merit and that the applicant was guilty of laches, warranting dismissal of the application and closure of the file.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- This 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. E013 OF 2022
CORAM: HON. R.E. ABURILI, J
FREDRICK OTIENO ONYANGO.............................................................................APPLICANT
VERSUS
REPUBLIC..............................................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siayain
CriminalAppeal No. 6 of 2015 AND Ukwala PM’s Court, Criminal Case 349/2014
byHon. R.M. Oanda, Ag. PM delivered on 17/12/2014)
RULING
1. I have considered the application filed on 20/1/2022 seeking leave to appeal out of time from HCRA 6/2015. I note that the judgment sought to be appealed against was delivered on 29/10/2015 by Makau J dismissing the appeal.
2. The Applicant herein filed a similar application on 10/6/2016 which application was filed at Kisumu High Court. He does not disclose the fate of that application.
3. The application herein is devoid of merit and the Applicant is guilty of laches.
4. The same is hereby dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE