[2021] KEHC 3894 (KLR)
The court found that the application failed to disclose the date when the sentence was imposed or when judgment was delivered. This omission of material particulars rendered the application lacking in merit. Consequently, the court declined to grant leave to appeal out of time and dismissed the application for want...
Source-derived case information.
- Citation
- [2021] KEHC 3894 (KLR)
- Parties
- Applicant: Kevin Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E101 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeals, Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient material particulars to warrant leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time has merit.
Ratio Decidendi
The court found that the application failed to disclose the date when the sentence was imposed or when judgment was delivered. This omission of material particulars rendered the application lacking in merit. Consequently, the court declined to grant leave to appeal out of time and dismissed the application for want of material particulars and merit.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed for want of material particulars and merit.
- File is closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E101 OF 2021
CORAM: HON. R.E. ABURILI, J
KEVIN ONYANGO.....................................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................RESPONDENT
(Being an Application seeking for leave to appeal out of time from the Judgment and
sentence in Bondo Principal Magistrates’ Court in Cr. Case No. 20 of 2018)
RULING
1. I have considered the application filed on 15/9/2021 seeking for leave to appeal out of time from the judgment, and sentence in Bondo PM Cr. SO 20/2018.
2. The application does not disclose the date when the sentence was imposed on him or judgment delivered.
3. I decline the application for want of material particulars and merit. The same is hereby dismissed.
4. File is closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE