[2021] KEHC 1534 (KLR)
The court found that the applicant failed to provide any acceptable or sufficient reason for the nearly two-year delay in seeking leave to appeal out of time. The application was deemed an afterthought, and the court exercised its discretion to decline the request for extension of time. The absence of justification...
Source-derived case information.
- Citation
- [2021] KEHC 1534 (KLR)
- Parties
- Applicant: Kepha Otieno Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E126 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, Defilement Offence, Conviction and Sentence, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kepha Otieno Ochieng
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 provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any acceptable or sufficient reason for the nearly two-year delay in seeking leave to appeal out of time. The application was deemed an afterthought, and the court exercised its discretion to decline the request for extension of time. The absence of justification for the delay was fatal to the application, and as such, 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
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E126 OF 2021
CORAM: R.E. ABURILI, J
KEPHA OTIENO OCHIENG..................APPLICANT
VERSUS
REPUBLIC............................................RESPONDENT
(Being an Application for leave to appeal out of time arising
from conviction and sentence of the Principal Magistrate’s court
at Siaya in Criminal SO Case No. 29 of 2019 and HCCRA 62/2019)
RULING
1. On 20/2/2020, this court delivered a judgment in HCRA 62/2019 dismissing the appeal filed by the applicant herein who had been convicted for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act in Siaya PM’s Court Cr. SO 29/2019 on 31/7/2019.
2. The applicant is now before court seeking leave to appeal out of time. There is no acceptable reason given for the inordinate delay of nearly two years. This application is an afterthought. I decline the same and dismiss it.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE