Kenya Judgment

High Court · High Court at Siaya

Kevin Onyango v Republic [2021] KEHC 3894 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

Kevin Onyango

Applicant

Republic

Respondent

03

Procedural history

  1. Posture

    Miscellaneous Application / Ruling

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant seeks leave to appeal out of time from the judgment and sentence in Bondo Principal Magistrates’ Court Criminal Case No. 20 of 2018. The application was filed on 15/9/2021. No further arguments are recorded in the ruling.
Respondent
The respondent's arguments are not recorded in the ruling.

05

Court’s reasoning

  1. 01

    General principles of criminal appellate procedure under Kenyan law

    An application for leave to appeal out of time must disclose material particulars, including the date of judgment or sentence.

06

Ratio, limits and disposition

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

  • The application for leave to appeal out of time is dismissed for want of material particulars and merit.
  • File is closed.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2021] KEHC 3894 (KLR)

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

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