[2022] KEHC 13722 (KLR)
The court found that the applicant failed to demonstrate any sufficient grounds or valid reasons for the delay in seeking leave to appeal out of time. The application was brought belatedly and lacked merit. Consequently, the court dismissed the application for leave to appeal out of time, finding no justification to...
Source-derived case information.
- Citation
- [2022] KEHC 13722 (KLR)
- Parties
- Applicant: John Ochieng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E131 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, Extension of Time, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ochieng Ochieng
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 established sufficient grounds for the grant of leave to appeal out of time from the judgment, conviction, and sentence in Siaya HCR No. E006 of 2020.
Ratio Decidendi
The court found that the applicant failed to demonstrate any sufficient grounds or valid reasons for the delay in seeking leave to appeal out of time. The application was brought belatedly and lacked merit. Consequently, the court dismissed the application for leave to appeal out of time, finding no justification to exercise its discretion in favour of the applicant.
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
Ochieng v Republic (Miscellaneous Criminal Application E131 of 2022) [2022] KEHC 13722 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13722 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E131 of 2022
RE Aburili, J
October 12, 2022
Between
John Ochieng Ochieng
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in Siaya HCR No. E006 of 2020)
Ruling
1. This court considered on 16/2/2022 and application by this same applicant seeking for waiver of court fees in HCR Misc. Application E019/2022 and dismissed it.
2. The applicant is back seeking leave to appeal out of time from judgment of this court rendered on 26/1/2022. I find no ground upon which to grant the orders sought, so belatedly.
3. The application is hereby found to be devoid of merit and it is hereby dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE