[2019] KEHC 891 (KLR)
The court found that the applicant failed to provide any explanation for the delay in seeking leave to appeal out of time, nor did he demonstrate the existence of an arguable appeal or show that he had requested the necessary documents for appeal purposes since his sentencing in 2017. The court further held that it...
Source-derived case information.
- Citation
- [2019] KEHC 891 (KLR)
- Parties
- Applicant: Kennedy Otieno Mien; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 36 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Sentence Review
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Sentence Review, Laches, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Mien
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Sentence Review
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for leave to appeal out of time.
- 2 Whether the court has jurisdiction to review a sentence imposed by a court of concurrent jurisdiction.
- 3 Whether the application is merited in light of the delay and lack of explanation.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the delay in seeking leave to appeal out of time, nor did he demonstrate the existence of an arguable appeal or show that he had requested the necessary documents for appeal purposes since his sentencing in 2017. The court further held that it lacked jurisdiction to review a sentence imposed by a court of concurrent jurisdiction. The application was therefore dismissed for want of merit and laches.
Court Disposition
application dismissed
Orders
- The application is hereby dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPBULIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLEANOUS APPLICATION NO. 36 OF 2019
KENNEDY OTIENO MIEN......................................................................APPLICANT
VERSUS
REPUBLIC..............................................................................................RESPONDENT
RULING
1. The application filed on 1st November, 2019 by the applicant Kennedy Otieno Mien and his submission in court are at variance.
2. He seeks for sentence review in his submissions but the written application is for leave to appeal out of time. He claims to have been sentenced to serve 10 years imprisonment for murder on 26. 7.2017 which is over 2 years ago. He does not indicate why he never filed an appeal in time and although he claims to have filed an appeal, there is no reason why he should not prosecute that appeal instead of seeking leave to appeal out of time.
3. The applicant has not demonstrated even by way of draft petition of appeal that he has an arguable appeal to be filed or that he ever asked for copies of proceedings and judgment for appeal purposes from 2017 to date.
4. This application is bad in law for laches and want of merit. This court on the other hand cannot review the sentence imposed by a court of concurrent jurisdiction.
5. The application is hereby dismissed. This file is closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 19th Day of November, 2019
R.E. ABURILI
JUDGE
In the presence of:
Mr. Ngetich prosecution Counsel
Applicant in person
CA: Modestar and Brenda