[2020] KEHC 1501 (KLR)
The court found that the applicant failed to provide satisfactory or sufficient reasons for the inordinate and unexplained delay in seeking leave to appeal against sentence out of time. The absence of merit in the reasons advanced led the court to dismiss the application, emphasizing that the law requires applicants...
Source-derived case information.
- Citation
- [2020] KEHC 1501 (KLR)
- Parties
- Applicant: George Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 65 of 2020
- 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, Sentence Appeal, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ouma
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 reasons for the delay in filing an appeal against sentence out of time.
- 2 Whether leave to appeal against sentence out of time should be granted.
Ratio Decidendi
The court found that the applicant failed to provide satisfactory or sufficient reasons for the inordinate and unexplained delay in seeking leave to appeal against sentence out of time. The absence of merit in the reasons advanced led the court to dismiss the application, emphasizing that the law requires applicants to demonstrate good cause for delay, which was not done in this case.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed for want of merit and inordinate unexplained delay.
- File is 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. 65 OF 2020
GEORGE OUMA................................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
RULING
1. I have considered the application dated 16/9/2020 by the convict George Ouma. He was convicted of the offence of Manslaughter and sentenced to serve 10 years imprisonment on 29/6/2020 in Siaya High Court Criminal Case No.14 of 2015.
2. He now seeks leave to appeal against sentence only, out of time. I have considered the application and the reasons for the delay.
3. I am not satisfied with the reasons for the inordinate delay. I dismiss the Application for want of merit and inordinate unexplained delay.
4. File is closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 2nd day of November 2020
R.E. ABURILI
JUDGE