[2020] KEHC 3464 (KLR)
The court found that the applicant was guilty of inordinate delay in seeking leave to appeal out of time against the judgment delivered in HCCRA 10 of 2015. The applicant failed to provide any evidence of having filed a notice of appeal or that the court file went missing. The court held that the application was an...
Source-derived case information.
- Citation
- [2020] KEHC 3464 (KLR)
- Parties
- Applicant: Fredrick Ouma Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 33 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, Inordinate Delay, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ouma Ochieng
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 delay in filing an appeal.
- 2 Whether the application for leave to appeal out of time is merited.
Ratio Decidendi
The court found that the applicant was guilty of inordinate delay in seeking leave to appeal out of time against the judgment delivered in HCCRA 10 of 2015. The applicant failed to provide any evidence of having filed a notice of appeal or that the court file went missing. The court held that the application was an afterthought, lacking merit, and therefore dismissed it. The absence of credible explanation for the delay was fatal to the application.
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. 33 OF 2020
FREDRICK OUMA OCHIENG......................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
RULING
1. I have considered the Applicant’s application.
2. The judgment which is sought to be appealed against was delivered by Hon. Makau J in HCCRA 10 of 2015 on 30/11/2015. The Applicant is guilty of inordinate delay.
3. There is no evidence that he filed Notice of Appeal and or that a file went missing.
4. This application is an afterthought. The same is devoid of merit. It is hereby dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 6th Day of July 2020
R.E. ABURILI
JUDGE