[2018] KEHC 1899 (KLR)
The court found that the application for leave to file a second appeal out of time was brought after an inordinate delay of nearly three years from the date of the judgment. The applicant failed to provide sufficient reasons for the delay and did not demonstrate that the intended appeal raised any questions of law...
Source-derived case information.
- Citation
- [2018] KEHC 1899 (KLR)
- Parties
- Applicant: Joseph Ombure Oruno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 65 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Delay in Filing, Second Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ombure Oruno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application for leave to file a second appeal out of time should be granted.
- 2 Whether sufficient reasons have been advanced for the delay in filing the appeal.
- 3 Whether the intended second appeal raises questions of law for consideration.
Ratio Decidendi
The court found that the application for leave to file a second appeal out of time was brought after an inordinate delay of nearly three years from the date of the judgment. The applicant failed to provide sufficient reasons for the delay and did not demonstrate that the intended appeal raised any questions of law for consideration. Furthermore, there was no evidence of pauperism to justify any leniency. As a result, the court dismissed the application for failing to meet the threshold for extension of time under the applicable legal principles.
Court Disposition
application dismissed
Orders
- The application dated 7/9/2018 is rejected and dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA HC. MISC. CR. APP. NO. 65 OF 2018
(CORAM: R. E. ABURILI - J.)
JOSEPH OMBURE ORUNO..........................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
RULING
1. I have considered the application by the Applicant I convict under Section 113 of the Court of Appeal Rules.
2. The Appeal which was heard by Hon. J. A. Makau J. in HCRA 21/15 was dismissed on 26/11/2015. No appeal was preferred and it is now nearly three years after the judgment.
3. The Application is brought with inordinate delay. No sufficient reasons are advanced for the delay.
4. In addition, there is nothing on record to demonstrate that the intended second appeal raises questions of law for consideration.
5. There is no evidence of pauperism of the Applicant.
6. The Application dated 7/9/2018 is hereby rejected and dismissed.
Dated, Signed and Delivered at SIAYA this 24th Day of September 2018.
R.E. ABURILI
JUDGE