[2022] KEHC 12360 (KLR)
The court found that the applicant failed to provide any reason or sworn affidavit explaining the delay of four months in seeking leave to appeal against the previous ruling. In the absence of any explanation for the delay, the court held that there was no basis upon which to grant the application. The application...
Source-derived case information.
- Citation
- [2022] KEHC 12360 (KLR)
- Parties
- Applicant: Erastus Omwonya Madowo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E060 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Delay in Filing Appeal, Pauper Appeal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus Omwonya Madowo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in seeking leave to appeal against the previous ruling.
- 2 Whether leave to appeal should be granted in the absence of an affidavit explaining the delay.
Ratio Decidendi
The court found that the applicant failed to provide any reason or sworn affidavit explaining the delay of four months in seeking leave to appeal against the previous ruling. In the absence of any explanation for the delay, the court held that there was no basis upon which to grant the application. The application was therefore dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Madowo v Republic (Miscellaneous Criminal Application E060 of 2022) [2022] KEHC 12360 (KLR) (25 May 2022) (Ruling)
Neutral citation: [2022] KEHC 12360 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E060 of 2022
RE Aburili, J
May 25, 2022
Between
Erastus Omwonya Madowo
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Chief Magistrate’s Court at Siaya in Criminal Case No. 919 of 2016 and Siaya HC Misc. Cr. Application No. E007/2022)
Ruling
1. The applicant was convicted and sentenced in Criminal Case No 919 of 2016 on November 11, 2019 before the Magistrate’s Court at Siaya. He applied for leave to appeal as a pauper vide HCR Misc E007/2022 on 20/1/2022 nearly three years later and on 27/1/2022 this court dismissed his application on account of unexplained delay. He now wants leave to appeal against that ruling which application is not even supported by a sworn affidavit to explain the further delay of 4 months.
2. I find no ground upon which I can grant the application as there is no reason given for the delay.
3. I dismiss the application.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25THDAY OF MAY, 2022R.E. ABURILIJUDGE