[2022] KEHC 13533 (KLR)
The court found that the applicant's explanation for the delay in filing the appeal was untrue and unsupported by any evidence, as the proceedings were available and there was no record of any request for them. The court held that the application was an afterthought, based on falsehoods, and that the applicant had...
Source-derived case information.
- Citation
- [2022] KEHC 13533 (KLR)
- Parties
- Applicant: Joel Ogolla Lutta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E119 of 2022
- 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, Conviction and Sentence, Murder Offence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Ogolla Lutta
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 the applicant was denied access to court proceedings necessary for filing the appeal.
Ratio Decidendi
The court found that the applicant's explanation for the delay in filing the appeal was untrue and unsupported by any evidence, as the proceedings were available and there was no record of any request for them. The court held that the application was an afterthought, based on falsehoods, and that the applicant had not come to court with clean hands. The delay was deemed inordinate and unexplained, and therefore the applicant did not deserve the court's discretion to grant leave to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Lutta v Republic (Miscellaneous Criminal Application E119 of 2022) [2022] KEHC 13533 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13533 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E119 of 2022
RE Aburili, J
October 5, 2022
Between
Joel Ogolla Lutta
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal out of time from the Judgment, conviction and sentence in Siaya High Court Criminal. Case No. 18 of 2019 on 31. 3.2021)
Ruling
1. On April 21, 2021, this court convicted the applicant herein Joel Ogolla Lutta alias Daddy for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code to serve 35 years imprisonment in HCR 18/2019.
2. By that date, the judgment and all proceedings except proceedings for that day were fully typed as per the policy practice of this court, and certified on the last day of the trial.
3. The applicant has been in prison for over 1 ½ years now, he claims that he did not appeal in time because he was not supplied with court proceedings in time. That is an absolute lie. The applicant had a whole family behind him attending all court proceedings including his wife. There is no letter on record showing that the applicant ever applied for court proceedings.
4. This court finds the application being filed at this time as an afterthought and anchored on falsehoods. The applicant has not come to this court with clean hands. He does not deserve the exercise of discretion of this court. The delay is inordinate and not explained.
5. The application for leave to appeal out of time is hereby dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE