[2022] KEHC 13749 (KLR)
The court found that the applicant failed to provide any affidavit or explanation for the inordinate delay of nearly one and a half years in seeking leave to appeal against his conviction and sentence. The absence of any justification rendered the application an afterthought. The court held that the applicant was...
Source-derived case information.
- Citation
- [2022] KEHC 13749 (KLR)
- Parties
- Applicant: Austine Ochieng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E125 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, Robbery With Violence, Conviction and Sentence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine 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 provided sufficient reason for the delay in filing the 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 affidavit or explanation for the inordinate delay of nearly one and a half years in seeking leave to appeal against his conviction and sentence. The absence of any justification rendered the application an afterthought. The court held that the applicant was guilty of laches and, therefore, did not merit the exercise of the court's discretion in his favour. Consequently, the application for leave to appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to file an appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E125 of 2022) [2022] KEHC 13749 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13749 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E125 of 2022
RE Aburili, J
October 5, 2022
Between
Austine Ochieng Ochieng
Applicant
and
Republic
Respondent
(Being an Application for leave to file appeal out of time from the conviction and sentence in the Principal Magistrate’s court at Bondo in Criminal Case No. 734 of 2019 delivered on 25. 05. 2021 by Hon. P. Nandi., Principal Magistrate)
Ruling
1. The applicant by his application filed on 26/9/2022 seeks leave of court to file an appeal out of time from the conviction and sentence passed on 25/5/2021 by Hon. P. Nandi, Principal Magistrate Bondo Law Courts for the offences of robbery with violence. He was sentenced to serve 15 years imprisonment and nearly one and half years is gone since his conviction and no affidavit has been sworn to explain the inordinate delay. I find the application to be an afterthought. The applicant is guilty of laches. The application is hereby dismissed.
2. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE