[2020] KEHC 3312 (KLR)
The court found that the application for leave to appeal out of time was brought after an inordinate delay of over one year from the date of conviction and sentence, and therefore dismissed that prayer. On the prayer for sentence revision, the court held that the sentence imposed on the applicant was lawful and not...
Source-derived case information.
- Citation
- [2020] KEHC 3312 (KLR)
- Parties
- Applicant: Fredrick Owino Kangala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 47 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision and Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Leave to Appeal Out of Time, Conviction Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Owino Kangala
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time from the conviction and sentence.
- 2 Whether the sentence imposed on the applicant was irregular or unlawful and merits revision.
Ratio Decidendi
The court found that the application for leave to appeal out of time was brought after an inordinate delay of over one year from the date of conviction and sentence, and therefore dismissed that prayer. On the prayer for sentence revision, the court held that the sentence imposed on the applicant was lawful and not irregular, and found no reason to interfere with it. Consequently, the entire application was found to be devoid of merit and was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The prayer for leave to appeal out of time is dismissed.
- The prayer for sentence revision is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 47 OF 2020
FREDRICK OWINO KANGALA.....................APPLICANT
VERSUS
REPUBLIC......................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal (SO)
Case No. 48 of 2018 in the Senior Resident Magistrate’s Court at Ukwala)
RULING
1. The application dated 30th July 2020 seeks for Sentence Revision as well as leave to appeal out of time from the conviction and sentence passed on 23rd April 2019 by Ukwala SRM’s court in Cr (SO) Case No. 48/2018.
2. The court cannot tell which is which that the applicant seeks.
3. Nonetheless, the prayer for leave out of time is brought over one year after the alleged conviction and sentence.
4. The same is brought after inordinate delay the prayer for leave to appeal out of time is hereby dismissed.
5. On the prayer for Sentence Review, I find the sentence imposed on the convict/applicant was lawful and not irregular. I find no reason to interfere with the same.
6. The application is found to be devoid of merit and is hereby dismissed.
7. File closed.
8. Orders accordingly.
Dated, signed and Delivered at Siaya this 1st Day of September 2020.
R.E. ABURILI
JUDGE