[2023] KEHC 3424 (KLR)
The court found that the applicant failed to provide any explanation for the nearly three-year delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. The applicant also failed to disclose the offence for which he was convicted. In the absence of any reasonable or sufficient...
Source-derived case information.
- Citation
- [2023] KEHC 3424 (KLR)
- Parties
- Applicant: Stephen Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E008 of 2023
- 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, Conviction and Sentence, Sexual Offences, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen 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 filing an 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 explanation for the nearly three-year delay in seeking leave to appeal out of time. The delay was deemed inordinate and unexplained. The applicant also failed to disclose the offence for which he was convicted. In the absence of any reasonable or sufficient cause for the delay, the court exercised its discretion to dismiss the application as devoid of merit.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- Order to be extracted and served on the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E008 of 2023) [2023] KEHC 3424 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3424 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E008 of 2023
RE Aburili, J
April 13, 2023
Between
Stephen Otieno Odhiambo
Applicant
and
Republic
Respondent
(Application for leave to appeal out of time from the conviction and sentence in Tamu Principal Magistrate Sexual Offences Case No 10 of 2020)
Ruling
1. The Applicant Stephen Otieno Odhiambo seeks by his application filed on February 17, 2013 for leave to appeal out of time from the conviction and sentence in Tamu Principal Magistrate Sexual Offences Case No 10 of 2020 dated October 12, 2020.
2. In his application he does not explain the reasons for the delay. I find the delay inordinate and unexplained. The Convict has taken nearly three (3) years to approach this court and he does not even disclose what offence he was tried and convicted of.
3. I find the application to be devoid of any merit. It is hereby dismissed. Order to be extracted and served on the applicant.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13THDAY OF APRIL, 2023R. E. ABURILIJUDGE