[2020] KEHC 4474 (KLR)
The court found that the applicant was convicted and sentenced in 2014 and only sought leave to appeal out of time six years later, without providing any explanation for the delay. The court held that the delay was inordinate and unexplained, and that the application was an afterthought. Consequently, the court...
Source-derived case information.
- Citation
- [2020] KEHC 4474 (KLR)
- Parties
- Applicant: Kennedy Otieno Olweny; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 39 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentence Appeal, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Olweny
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the inordinate delay in seeking leave to appeal out of time against conviction and sentence for defilement.
Ratio Decidendi
The court found that the applicant was convicted and sentenced in 2014 and only sought leave to appeal out of time six years later, without providing any explanation for the delay. The court held that the delay was inordinate and unexplained, and that the application was an afterthought. Consequently, the court declined and dismissed the application for leave to appeal out of time.
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. 39 OF 2020
KENNEDY OTIENO OLWENY...APPLICANT
VERSUS
REPUBLIC.................................RESPONDENT
RULING
1. I have considered the application dated 9/6/2020 and the supporting affidavit. The applicant was convicted and sentenced in 2014 on 23/10/2014 which is 6 years ago. He wants leave to appeal out of time against a 15 year imprisonment term imposed on him for the offence of defilement.
2. The delay is inordinate and unexplained.
3. The application is an afterthought. The same is hereby declined and dismissed.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 7th Day of July 2020
R.E. ABURILI
JUDGE