[2020] KEHC 3322 (KLR)
The court found that the applicant failed to provide any credible or honest explanation for the inordinate delay in seeking leave to appeal out of time. The applicant did not disclose the offence for which he was convicted, the appeal case file number, or the date the alleged appeal was lodged. Court records...
Source-derived case information.
- Citation
- [2020] KEHC 3322 (KLR)
- Parties
- Applicant: Joseph Ongang Nyatondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 61 of 2020
- Procedural Posture
- Miscellaneous 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, Material Non Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ongang Nyatondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the delay in filing the appeal out of time.
- 2 Whether there is any pending appeal as claimed by the applicant.
- 3 Whether the applicant is entitled to leave to appeal out of time.
Ratio Decidendi
The court found that the applicant failed to provide any credible or honest explanation for the inordinate delay in seeking leave to appeal out of time. The applicant did not disclose the offence for which he was convicted, the appeal case file number, or the date the alleged appeal was lodged. Court records revealed no pending appeal or missing file as claimed. The court concluded that the application was devoid of merit due to extreme laches and non-disclosure of material facts, and that the applicant's conduct was dishonest and mischievous. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS APPLICATION NO. 61 OF 2020
JOSEPH ONGANG NYATONDI ... APPLICANT
VERSUS
REPUBLIC ....................................RESPONDENT
(Being an application seeking leave to appeal out of time)
RULING:
1. The applicant Joseph Ongang Nyatondi claims that he was convicted on 28. 7.2015 vide Siaya Principal Magistrate’s Court Criminal Case No. 176 of 2014 for an offence which is not disclosed in his pleadings. He also claims that he filed an appeal which has not been acted upon. He does not disclose the Appeal Case file Number and when it was lodged in time in 2015. He now claims that that appeal has taken too long to be acted upon hence he seeks leave to file a fresh appeal out of time.
2. I have considered the application and note that the applicant is a liar. There is no such appeal pending in our Court records, for the year 2015. There is no such missing file in our Court records. The applicant is mischievous and dishonest. If such appeal exists, he should simply have asked for a date or copies of the record of appeal to be served upon him to enable him prepare for the hearing of the appeal.
3. He has not explained, honestly, the reasons for inordinate delay. The application is devoid of merit for extreme laches and for non-disclosure of material facts.
4. The same is hereby dismissed.
5. File closed.
6. Orders accordingly.
Dated, signed and delivered at Siaya this 1st day of September, 2020
R. E. ABURILI
JUDGE