[2024] KEHC 11573 (KLR)
The court found that the applicant failed to state when he was convicted or sentenced and did not provide any sufficient grounds or explanation for the delay in seeking leave to appeal out of time. The application was therefore devoid of merit and was dismissed accordingly.
Source-derived case information.
- Citation
- [2024] KEHC 11573 (KLR)
- Parties
- Applicant: Julius Kipyego Mengich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E173 of 2024
- 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, Attempted Murder, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kipyego Mengich
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 grounds for the grant of leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time is merited.
Ratio Decidendi
The court found that the applicant failed to state when he was convicted or sentenced and did not provide any sufficient grounds or explanation for the delay in seeking leave to appeal out of time. The application was therefore devoid of merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application dated 29th December 2023 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Mengich v Republic (Miscellaneous Criminal Application E173 of 2024) [2024] KEHC 11573 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11573 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E173 of 2024
RE Aburili, J
September 26, 2024
Between
Julius Kipyego Mengich
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. 61 of 2020)
Ruling
1. The Convict Julius Kipyego Mengich claims that he was sentenced to serve twenty (20) years imprisonment vide Kisumu CM Criminal Case No. 61 of 2020 for the offence of attempted murder contrary to Section 220(a) of the Penal Code.
2. He does not state when he was convicted or sentenced yet he applies for leave to appeal out of time.
3. I find the application dated 29th December 2023 devoid of any merit. It is dismissed and this file closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE