[2022] KEHC 14410 (KLR)
The High Court at Siaya lacks geographical jurisdiction to hear and determine an application for leave to appeal out of time from a conviction and sentence imposed by the Naivasha Magistrate's Court. Entertaining such an application would amount to forum shopping and is not permissible. The application is therefore...
Source-derived case information.
- Citation
- [2022] KEHC 14410 (KLR)
- Parties
- Applicant: Michael Oduor Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E141 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- Application dismissed for want of jurisdiction and merit.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Jurisdiction, Forum Shopping
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Oduor Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to entertain an application for leave to appeal out of time from a conviction and sentence by the Naivasha Magistrate's Court.
- 2 Whether the applicant is entitled to leave to appeal out of time.
Ratio Decidendi
The High Court at Siaya lacks geographical jurisdiction to hear and determine an application for leave to appeal out of time from a conviction and sentence imposed by the Naivasha Magistrate's Court. Entertaining such an application would amount to forum shopping and is not permissible. The application is therefore dismissed for want of merit.
Court Disposition
Application dismissed for want of jurisdiction and merit.
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E141 of 2022) [2022] KEHC 14410 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14410 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E141 of 2022
RE Aburili, J
October 26, 2022
Between
Michael Oduor Odhiambo
Applicant
and
Republic
Respondent
(Application for leave to appeal out of time from Naivasha Magistrate’s Court case number not disclosed by the applicant)
Ruling
1. The applicant Michael Oduor Odhiambo in his application filed on October 18, 2022 claims that he was convicted of the offence of incest contrary to section 20(1) of Sexual Offences Act and sentenced to serve life imprisonment in 2018 by Hon H A Ominde, senior resident magistrate, Naivasha.
2. He wants leave to appeal out of time.
3. This court has no geographical jurisdiction to hear and determine this application which appears to be an attempt at forum shopping to have a second bite at the cherry.
4. I find this application devoid of any merit. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE