[2022] KEHC 13894 (KLR)
The court found that the applicant failed to provide any acceptable or sufficient reason for the inordinate delay in seeking leave to appeal out of time. The principles established in relevant case law require that such leave can only be granted where the delay is satisfactorily explained. In the absence of any...
Source-derived case information.
- Citation
- [2022] KEHC 13894 (KLR)
- Parties
- Applicant: Kennedy Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E091 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, Defilement Offence, Sentence Reduction, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Odhiambo
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 seeking leave to 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 acceptable or sufficient reason for the inordinate delay in seeking leave to appeal out of time. The principles established in relevant case law require that such leave can only be granted where the delay is satisfactorily explained. In the absence of any justifiable explanation, the court determined that the application was devoid of merit and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application dated August 16, 2022 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E091 of 2022) [2022] KEHC 13894 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13894 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E091 of 2022
RE Aburili, J
October 11, 2022
Between
Kennedy Otieno Odhiambo
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in the Principal Magistrate’s court at Bondo in Sexual Offence case No.739 of 2016 by Hon. M. Obiero Principal Magistrate on 30. 6.2017 AND in Siaya HCRA No. 59/2017 on 18. 12. 2019)
Ruling
1. The applicant is Kennedy Otieno Odhiambo. He was the appellant in HCRA 59/2017 wherein his appeal against conviction was dismissed but his appeal against sentence was allowed on December 18, 2019. In the lower court before Hon M Obiero principal magistrate in Bondo PM SO 739/2016 in a judgment delivered and sentence passed on June 30, 2017, he had been convicted and sentenced to serve a mandatory life imprisonment for the offence of defilement contrary to section 8(1) as read with section 8 (2) of the Sexual Offence Act.
2. In my judgment delivered on December 18, 2019, I applied the principles espoused in Francis Karioko Muruatetu v Republic [2017] eKLR as applied in Jared Injiri Koita v Republic [2019] eKLR and reduced the mandatory life imprisonment to 75 years imprisonment. It is now close to 3 years. The applicant is back into court claiming that he wants leave to appeal out of time vide his chamber summons dated August 16, 2022.
3. I find no acceptable reason given for the inordinate delay in filing an appeal.
4. The application dated August 16, 2022 is hereby found to be devoid of merit.
5. It is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE