[2021] KEHC 9468 (KLR)
The court found that the applicant failed to provide any evidence, such as an email or other documentation, to support his claim that the appeal was filed on 18.5.2020. In the absence of such evidence, the application for extension of time to file the appeal was deemed to lack merit and was dismissed accordingly.
Source-derived case information.
- Citation
- [2021] KEHC 9468 (KLR)
- Parties
- Applicant: Maurice Otieno Sigunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E020 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Filing, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Otieno Sigunda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant filed his appeal on 18.5.2020 as alleged.
- 2 Whether the application for extension of time to file appeal has merit.
Ratio Decidendi
The court found that the applicant failed to provide any evidence, such as an email or other documentation, to support his claim that the appeal was filed on 18.5.2020. In the absence of such evidence, the application for extension of time to file the appeal was deemed to lack merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of merit.
- This file is closed.
Full Case Text
Judgment text and source record
13 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANOUS CRIMINAL APPLICATION NO. E020 OF 2020
MAURICE OTIENO SIGUNDA.....................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
1. I have considered the application by the applicant herein Maurice Otieno Sigunda. There is no evidence to show that the applicant filed his appeal on 18. 5.2020 as alleged as no email for sending of the appeal is annexed to the application herein. The application is found to be devoid of merit and is hereby dismissed
2. This file is closed.
3. Orders accordingly.
Dated, Signed and Delivered at Siaya this 19th day of January, 2021
R.E. ABURILI
JUDGE