[2022] KEHC 14556 (KLR)
The court found that the applicant failed to demonstrate any effort to obtain the trial court file or proceedings, such as applying for or paying for copies, despite being informed of his right of appeal at sentencing. The proceedings and judgment were available at the time of sentencing, and there was no evidence...
Source-derived case information.
- Citation
- [2022] KEHC 14556 (KLR)
- Parties
- Applicant: Joshua Okoth Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E110 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Right of Appeal, Delay in Filing Appeal, Laches, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Okoth Odera
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant was prevented from filing an appeal in time due to lack of access to the trial court file and proceedings.
- 2 Whether the delay in filing the appeal was justified or amounted to laches.
Ratio Decidendi
The court found that the applicant failed to demonstrate any effort to obtain the trial court file or proceedings, such as applying for or paying for copies, despite being informed of his right of appeal at sentencing. The proceedings and judgment were available at the time of sentencing, and there was no evidence of any obstacle preventing the applicant from filing an appeal within the prescribed period. The court held that the application was devoid of merit, amounted to an afterthought, and that the applicant was guilty of laches. Consequently, the application to file an appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Odera v Republic (Miscellaneous Criminal Application E110 of 2022) [2022] KEHC 14556 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14556 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E110 of 2022
RE Aburili, J
October 26, 2022
Between
Joshua Okoth Odera
Applicant
and
Republic
Respondent
Ruling
1. On MArch 5, 2020, this court sentenced the applicant/convict herein to suffer death for the gruesome Murder of Rose Anyango Outa whose remains were found decapitated and mutilated.
2. The applicant was informed of his right of appeal.
3. It is now over 2 years since the sentence was passed. He claims that he was not furnished with the trial court file for him to file an appeal in time.
4. There is no evidence that he ever applied for or paid for copies of proceedings and judgment which were timely typed and readily available as at the time of sentencing. I find this application devoid of any merit.
5. The applicant Joshua Okoth Odera is guilty of laches.
6. The application is an afterthought.
7. It is hereby dismissed.
8. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE