[2022] KEHC 2486 (KLR)
The court found that the application for leave to file an appeal out of time was brought after an inordinate delay and that the applicant failed to provide any acceptable or sufficient reasons for the delay. The court characterized the application as an afterthought and lacking in merit. Consequently, the...
Source-derived case information.
- Citation
- [2022] KEHC 2486 (KLR)
- Parties
- Applicant: Issa Jommo Sewedy; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2022
- 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 Out of Time, Pauper Application, Delay in Filing, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Jommo Sewedy
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 the appeal out of time.
- 2 Whether leave to appeal out of time as a pauper should be granted.
Ratio Decidendi
The court found that the application for leave to file an appeal out of time was brought after an inordinate delay and that the applicant failed to provide any acceptable or sufficient reasons for the delay. The court characterized the application as an afterthought and lacking in merit. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to file appeal out of time and as a pauper is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E010 OF 2022
CORAM: HON. R.E. ABURILI, J
ISSA JOMMO SEWEDY..............................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(An Application arising from conviction and sentence of the High Court
at Siaya in Criminal Appeal No. 40 of 2016 AND Bondo PM’s Court, Cr.
Case 481/2015 delivered on 13/4/2016 by Hon. M. Obiero, PM)
RULING
1. I have considered the Application filed on 20/1/2022 under the Rule 113 of the Court of Appeal Rules seeking for leave to file appeal out of time and as a pauper.
2. I note that there is inordinate delay in bringing the application and more so, no acceptable or sufficient reasons have been advanced for the delay.
3. The judgment to be impugned was delivered by Justice James A. Makau, J on 10/11/2016.
4. I find the application an afterthought and lacking in merit.
5. The same is hereby dismissed.
6. File is closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE