[2020] KEHC 3702 (KLR)
The court found that the applicant failed to provide any plausible or acceptable explanation for the inordinate delay of over five years in seeking leave to appeal out of time. The court characterized the application as an afterthought, noting that the applicant was due for release within days and had not...
Source-derived case information.
- Citation
- [2020] KEHC 3702 (KLR)
- Parties
- Applicant: James Odongo Owala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 11 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, Inordinate Delay, Criminal Appeals, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Odongo Owala
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 a plausible and acceptable 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 failed to provide any plausible or acceptable explanation for the inordinate delay of over five years in seeking leave to appeal out of time. The court characterized the application as an afterthought, noting that the applicant was due for release within days and had not demonstrated any exceptional circumstances or reasons for the delay. Consequently, the court held that the application was devoid of merit and dismissed it for laches, emphasizing the importance of promptness and reasonable diligence in pursuing appellate remedies in criminal matters.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed for inordinate and unreasonable delay.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 11 OF 2020
JAMES ODONGO OWALA........APPLICANT
VERSUS
REPUBLIC.................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules for leave to appeal out of time from Original Criminal Case No. 234 of 2015 at Chief Magistrate’s Court, Ukwala dated 10. 11. 2015 and High Court Cr. Appeal No. 79 of 2019 at Siaya)[no disclosure of the trial Magistrate and appellate Judge Appellate court record not traced]
RULING
1. On 10/11/2015, the Applicant/Convict James Odongo Owalawas sentenced to serve 10 years imprisonment for the offence of attempted defilement contrary to Section 9)1)(2) of the Sexual Offences Act.
2. He is due for release on 23/7/2022. He now claims he seeks leave to appeal out of time over five years after sentence which he is due to complete.
3. I find no plausible acceptable explanation for the delay.
4. This application is an afterthought and is devoid of merit. The same is hereby dismissed for laches which is inordinate unreasonable delay.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 22nd Day of July, 2020
R.E. ABURILI
JUDGE