[2021] KEHC 1690 (KLR)
The court found that the applicant failed to provide any sufficient or reasonable explanation for the delay in seeking leave to appeal out of time. The contradiction in the date of judgment and the absence of any reasons advanced for the inordinate delay led the court to conclude that the applicant was guilty of...
Source-derived case information.
- Citation
- [2021] KEHC 1690 (KLR)
- Parties
- Applicant: Godfrey Ochieng Nalo alias Katoto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E118 of 2021
- 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, Conviction and Sentence, Rape Offence, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Ochieng Nalo alias Katoto
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 out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any sufficient or reasonable explanation for the delay in seeking leave to appeal out of time. The contradiction in the date of judgment and the absence of any reasons advanced for the inordinate delay led the court to conclude that the applicant was guilty of unexplained laches. Consequently, the court exercised its discretion to decline the application for leave to appeal out of time and dismissed the application.
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
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E118 OF 2021
CORAM: R.E. ABURILI, J
GODFREY OCHIENG NALO ALIAS KATOTO..........................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s court at Bondo in Sexual Offence Case No. 82 of 2019 by Hon S. Mathenge made on 15/7/2020 seeking leave to appeal out of time)
RULING
1. I have considered the application filed on 15/11/2021 seeking for leave of this court to appeal out of time. The applicant claims that he was convicted of rape and sentenced to serve ten (10) years imprisonment.
2. The judgment to be impugned was allegedly rendered on 15/7/2020. There is contradiction on whether the date is 15/7/2020 or 15/7/2021 and no reasons have been advanced for the inordinate delay. The applicant is guilty of unexplained laches.
3. I decline the application and dismiss it.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE