[2022] KEHC 2689 (KLR)
The court found that the applicant failed to provide any reason for the inordinate delay in filing the application for leave to appeal out of time. Furthermore, the application did not disclose any points of law for consideration. As a result, the court held that the application was an afterthought and did not meet...
Source-derived case information.
- Citation
- [2022] KEHC 2689 (KLR)
- Parties
- Applicant: Julius Odongo Andera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E009 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Conviction and Sentence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Odongo Andera
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 reason for the delay in filing the application for leave to appeal out of time.
- 2 Whether there are points of law disclosed for consideration in the intended appeal.
Ratio Decidendi
The court found that the applicant failed to provide any reason for the inordinate delay in filing the application for leave to appeal out of time. Furthermore, the application did not disclose any points of law for consideration. As a result, the court held that the application was an afterthought and did not meet the threshold for the exercise of judicial discretion to extend time. The application was therefore dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is 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. E009 OF 2022
CORAM: HON. R.E. ABURILI, J
JULIUS ODONGO ANDERA......APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya in Cr. Appeal No. 9 of 2019 AND Bondo PM’s Court, Criminal Case SO. 9/2019 delivered on 31/5/2019 by Hon. S.W. Mathenge, RM)
RULING
I have perused the application filed on 20/1/2022 under Rule 113 of the Court of Appeal Rules. The judgment which is sought to be impugned was delivered on 5/5/2020. There is no reason given for the inordinate delay.
This Application is an afterthought. In addition, there are no points of law disclosed for consideration. The application is dismissed. File is closed.
Orders accordingly,
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE