[2020] KEHC 3277 (KLR)
The court found that the applicant failed to provide any plausible or sufficient reason for the inordinate delay of nearly four years in bringing the application for leave to appeal out of time. Furthermore, the applicant did not disclose any arguable points of law that could be canvassed in the intended appeal. The...
Source-derived case information.
- Citation
- [2020] KEHC 3277 (KLR)
- Parties
- Applicant: Issa Jomo Sewedi; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 54 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper and to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Pauper Appeals, Extension of Time, Delay and Laches
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Jomo Sewedi
Applicant
State
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper and to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay of nearly four years in filing the application for leave to appeal out of time.
- 2 Whether the applicant has disclosed any arguable points of law to be canvassed in the intended appeal.
- 3 Whether leave to appeal as a pauper should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any plausible or sufficient reason for the inordinate delay of nearly four years in bringing the application for leave to appeal out of time. Furthermore, the applicant did not disclose any arguable points of law that could be canvassed in the intended appeal. The court held that the application was devoid of merit and that the applicant was guilty of laches. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION NO. 54 OF 2020
ISSA JOMO SEWEDI.........................................................................APPLICANT
VERSUS
STATE...........................................................................................RESPONDENT
(Being an application under Rule 113 of the Court of Appeal Rules
for leave to appeal as a pauper and to appeal out of time)
RULING
1. I have considered the application by the applicant convict as brought under Rule 113 of the Court of Appeal Rules.The Judgment intended to be appealed against was delivered on 10. 11. 2016 by Hon. J.A. Makau J in Siaya High Court Criminal Appeal No. 40 of 2016. There has been inordinate delay in bringing the application.
2. There is no plausible reasons for such delay of nearly 4 years and I find no points of law disclosed to be canvassed in the intended belated appeal.
3. I find the application devoid of merit. The applicant is guilty of laches. I dismiss it.
4. File closed.
Orders accordingly.
Dated, Signed and delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE