Kevin Onyango v Republic [2021] KEHC 3894 (KLR)
- Citation
- [2021] KEHC 3894 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- RE Aburili
- Case number
- Miscellaneous Criminal Application E101 of 2021
- Language
- English
More details
- Court
- High Court
- Panel
- RE Aburili
- Case number
- Miscellaneous Criminal Application E101 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ApplicantRepublic
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling
04
Questions and positions
Legal issues
- 01
Whether the applicant has provided sufficient material particulars to warrant leave to appeal out of time.
- 02
Whether the application for leave to appeal out of time has merit.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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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