[2022] KEHC 13748 (KLR)
The court found that the applicant failed to provide any evidence on oath or satisfactory explanation for the delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. Consequently, the application was considered an afterthought and did not meet the threshold for granting leave...
Source-derived case information.
- Citation
- [2022] KEHC 13748 (KLR)
- Parties
- Applicant: Caleb Ochola Nyainda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E124 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, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Ochola Nyainda
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 leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any evidence on oath or satisfactory explanation for the delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. Consequently, the application was considered an afterthought and did not meet the threshold for granting leave under section 349 of the Criminal Procedure Code. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Nyainda v Republic (Miscellaneous Criminal Application E124 of 2022) [2022] KEHC 13748 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13748 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E124 of 2022
RE Aburili, J
October 5, 2022
Between
Caleb Ochola Nyainda
Applicant
and
Republic
Respondent
(eing an Application for leave to file an appeal out of time from the Judgment, conviction and sentence in the Chief Magistrate’s court at Siaya in Criminal. Case No. E196 & E197 of 2020)
Ruling
1. The applicant claims in his application to appeal out of time that he was convicted on August 28, 2020 and sentenced to serve 8 years imprisonment for the offence of grievous harm contrary to section 234 of the Penal Code. He never appealed and there is no evidence on oath showing any reason for the delay. I find the delay too inordinate and not explained. The application is found to be an afterthought.
2. It is hereby dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE