[2022] KEHC 13746 (KLR)
The court found that the applicant had already exercised his right of appeal and had benefitted from the Supreme Court's decision in Muruatetu, which resulted in his sentence being reduced from life imprisonment to 30 years. The application for leave to appeal out of time was filed three years after the...
Source-derived case information.
- Citation
- [2022] KEHC 13746 (KLR)
- Parties
- Applicant: Jacob Otieno Nyasudi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E108 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, Resentencing, Appeal Rights, Sentence Calculation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Otieno Nyasudi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time after already exercising his right of appeal and benefitting from resentencing.
- 2 Whether the delay in filing the application is justified.
Ratio Decidendi
The court found that the applicant had already exercised his right of appeal and had benefitted from the Supreme Court's decision in Muruatetu, which resulted in his sentence being reduced from life imprisonment to 30 years. The application for leave to appeal out of time was filed three years after the resentencing, with no sufficient explanation for the delay. The court held that the application was devoid of merit, filed with inordinate delay, and 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
20 paragraphs
Nyasudi v Republic (Miscellaneous Criminal Application E108 of 2022) [2022] KEHC 13746 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13746 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E108 of 2022
RE Aburili, J
October 5, 2022
Between
Jacob Otieno Nyasudi
Applicant
and
Republic
Respondent
(An application arising from judgment, conviction and sentence in Principal Magistrate’s in Siaya Criminal Case no 835 of 2015 by Hon J O Ongondo on July 26, 2017 and in Siaya HCCRA no 70/2017 on June, 26, 2019)
Ruling
1. The applicant was the appellant in HCRA 70/2017 wherein the court dismissed his appeal against conviction but allowed the appeal against sentence and resentenced him to serve 30 years imprisonment on June 26, 2019.
2. The sentence was to be calculated from the date of his arrest. He now claims, 3 years later, that he wants leave to appeal out of time. The applicant already exercised his right of appeal and he has benefitted from the Muruatetu (1) decision. His sentence was reduced from life imprisonment to 30 years imprisonment.
3. I find this application mischievous, filed with inordinate delay and devoid of any merit. It is hereby dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R E ABURILIJUDGE