[2020] KEHC 3884 (KLR)
The court found that the applicant failed to provide any plausible or reasonable explanation for the inordinate delay of over four and a half years in seeking leave to appeal out of time. The application did not disclose which magistrate convicted and sentenced him, and the delay was deemed both inordinate and...
Source-derived case information.
- Citation
- [2020] KEHC 3884 (KLR)
- Parties
- Applicant: Jackton Oduor Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 12 of 2020
- 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, Criminal Appeal Procedure, Defilement Offence, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackton Oduor Ouma
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 plausible or reasonable explanation for the inordinate delay of over four and a half years in seeking leave to appeal out of time. The application did not disclose which magistrate convicted and sentenced him, and the delay was deemed both inordinate and unexplained. Consequently, the court held that the application was an afterthought and did not meet the threshold for granting leave under Section 349 of the Criminal Procedure Code. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- This 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. 12 OF 2020
JACKTON ODUOR OUMA......................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
(Being an Application for leave to appeal out of time under Section 349 of the Criminal Procedure Code from Original Criminal Case No. 337 of 2015 at Principal Magistrate’s Court, Ukwala against judgment, conviction and sentence dated 14. 02. 2016)
RULING
1. The Applicant/Convict Jackton Oduor Ouma was convicted and sentenced by SRM’s Court, Ukwala on 14/2/2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. He never appealed against the judgment by Ukwala Magistrate’s court.
3. He now seeks leave of court to appeal out of time and gives no plausible explanation for what could have prevented him from appealing within time for the last four and a half years. His application does not disclose which magistrate convicted and sentenced him.
4. Nonetheless, the applicant is guilty of inordinate and unreasonable unexplained delay in bringing this application.
5. The application is found to be an afterthought. The same is hereby dismissed and this file is closed.
Dated, signed and Delivered at Siaya this 22nd Day of July, 2020
R.E. ABURILI
JUDGE