[2021] KEHC 1654 (KLR)
The court found that the application was fundamentally defective because the cited appeal file, HCRA 55/2018, did not pertain to the applicant but to another individual, Charity Gwara Aka Charity Risper Nguono. No judgment was delivered against the applicant on the date alleged, and there was no proper case file...
Source-derived case information.
- Citation
- [2021] KEHC 1654 (KLR)
- Parties
- Applicant: Joseph Owino Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E122 of 2021
- 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 Appeals, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Owino Omollo
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 established a proper basis for grant of leave to appeal out of time.
- 2 Whether the cited judgment relates to the applicant.
Ratio Decidendi
The court found that the application was fundamentally defective because the cited appeal file, HCRA 55/2018, did not pertain to the applicant but to another individual, Charity Gwara Aka Charity Risper Nguono. No judgment was delivered against the applicant on the date alleged, and there was no proper case file traceable to the applicant. As a result, the court held that there was no basis upon which to grant leave to appeal out of time, leading to the dismissal of the application.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is declined and dismissed.
- File 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. E122 OF 2021
CORAM: R.E. ABURILI, J
JOSEPH OWINO OMOLLO..............................................................APPLICANT
VERSUS
REPUBLIC........................................................................................RESPONDENT
(An Application arising from judgment of the High Court at Siaya in HCCRA No. 55 of 2018 deliveredon7/10/2019)
RULING
1. The applicant Joseph Owino Omollo by his Chamber summons filed on 24/11/2021 seeks for leave to appeal out of time from judgment in HCRA 55/2018.
2. However, the cited appeal file belongs to Charity Gwara Aka Charity Risper Nguono which appeal was heard and determined on 30/10/2019 in favour of the appellant therein.
3. This court has not been given any proper case file which is traceable to the applicant where judgment was delivered on 7/10/2019 by myself against the applicant. The application is declined and dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE