[2022] KEHC 13543 (KLR)
The court found that the applicant had not sworn any affidavit or provided any explanation for the nearly one-year delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. In the absence of a satisfactory explanation, the court declined to exercise its discretion to grant leave,...
Source-derived case information.
- Citation
- [2022] KEHC 13543 (KLR)
- Parties
- Applicant: Andrew Otieno Guya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E120 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
- Leave to Appeal Out of Time, Conviction on Plea Bargain, Manslaughter, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Otieno Guya
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 seeking leave to 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 had not sworn any affidavit or provided any explanation for the nearly one-year delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. In the absence of a satisfactory explanation, the court declined to exercise its discretion to grant leave, and accordingly dismissed the application.
Court Disposition
application dismissed
Orders
- Leave to appeal out of time is declined.
- The application is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
Guya v Republic (Miscellaneous Criminal Application E120 of 2022) [2022] KEHC 13543 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13543 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E120 of 2022
RE Aburili, J
October 5, 2022
Between
Andrew Otieno Guya
Applicant
and
Republic
Respondent
(Being an Application to file an appeal out of time from the Judgment, conviction and sentence in Siaya High Court Criminal Case No. E018 of 2021 delivered on 30. 11. 2021)
Ruling
1. I have perused the application for leave to appeal out of time dated September 12, 2022 by Andrew Otieno Guya. The sentence sought to be challenged was rendered on November 30, 2021, nearly one year ago, in HCR E018/2021, wherein he was convicted on his own plea of guilty through plea bargain in a murder case which charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2. The applicant has not sworn any affidavit explaining the delay which this court finds inordinate.
3. I decline to grant the leave sought and dismiss the application.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE