[2022] KEHC 2715 (KLR)
The court found that the applicant failed to provide any explanation for the delay of 8 years in seeking leave to appeal against his conviction and sentence. The absence of any reason for the prolonged inaction amounted to laches. The court held that the application was an afterthought and devoid of merit, and...
Source-derived case information.
- Citation
- [2022] KEHC 2715 (KLR)
- Parties
- Applicant: George Onyango Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Onyango Odhiambo
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 explanation for the delay in filing an appeal against conviction and sentence.
- 2 Whether leave to appeal out of time should be granted to the applicant.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the delay of 8 years in seeking leave to appeal against his conviction and sentence. The absence of any reason for the prolonged inaction amounted to laches. The court held that the application was an afterthought and devoid of merit, and therefore dismissed it.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E001 OF 2022
CORAM: HON. R.E. ABURILI, J
GEORGE ONYANGO ODHIAMBO.......APPLICANT
VERSUS
REPUBLIC.........................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s
Court at Siaya in Criminal Case No. 74 of 2013)
RULING
1. The applicant was convicted and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. This was on 10. 1.2014.
2. He does not say whether he appealed or not and he is now seeking leave to appeal out of time against sentence.
3. I find the applicant guilty of laches as he has not explained why he never filed an appeal from 2014 to date.
4. I find this application filed after 8 years is an afterthought. It is devoid of merit. I dismiss it.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE