[2021] KEHC 7948 (KLR)
The court found that the applicant delayed for five months before filing the application for resentencing, far beyond the 14-day statutory period for lodging an appeal. The applicant's explanation that he was quarantined after conviction was not satisfactory, as quarantine only lasts 14 days. Furthermore, there was...
Source-derived case information.
- Citation
- [2021] KEHC 7948 (KLR)
- Parties
- Applicant: Joanes Nyakwal Deya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E057 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Appeal Out of Time, Conviction, Sentence Enlargement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joanes Nyakwal Deya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal beyond the statutory period.
- 2 Whether the court should enlarge time for filing an appeal against conviction and sentence.
Ratio Decidendi
The court found that the applicant delayed for five months before filing the application for resentencing, far beyond the 14-day statutory period for lodging an appeal. The applicant's explanation that he was quarantined after conviction was not satisfactory, as quarantine only lasts 14 days. Furthermore, there was no evidence that the applicant sought court proceedings or judgment to facilitate an appeal. The court held that the delay was inordinate and unexplained, and therefore declined to enlarge the time for appeal or grant resentencing. The application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File 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. E057 OF 2021
CORAM: R.E. ABURILI, J
JOANES NYAKWAL DEYA........................................................................APPLICANT
VERSUS
REPUBLIC.................................................................................................RESPONDENT
(Being an Application seeking Resentence in Criminal Case No. 303 of 2006
at PM’s Court, Bondo on 09. 10. 2020)
RULING
1. The Applicant in his application filed on 18/3/2021 claims that he was convicted vide Bondo PM Cr. Case No. 303/2020 for the offence of threatening to kill and sentenced to serve 3 years imprisonment on 9/10/2020. He did not appeal and claims that he was quarantined after conviction.
2. Quarantine only takes 14 days and not 5 months which the applicant has taken to file this application. The law requires that an appeal be lodged within 14 days of the date of sentencing. The court has power to enlarge that time upon being satisfied that the applicant was prevented from appealing because he did not get proceedings and judgment in good time or for other sufficient reason. There is no evidence that the applicant even sought for court proceedings to enable him appeal.
3. This application is an afterthought.
4. The delay is inordinate and not explained to the satisfaction of the court.
5. The application is dismissed.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 1ST DAY OF APRIL 2021
R.E. ABURILI
JUDGE