[2024] KEHC 10456 (KLR)
The court found that the applicant failed to satisfactorily explain the delay in filing the appeal, as no supporting affidavit from the alleged brother was provided. The absence of credible evidence to justify the delay rendered the application without merit. Consequently, the application for extension of time was...
Source-derived case information.
- Citation
- [2024] KEHC 10456 (KLR)
- Parties
- Applicant: Richard Odhiambo Odundo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E060 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Odhiambo Odundo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the appeal within the prescribed time frame.
- 2 Whether the application for extension of time to file an appeal should be granted.
Ratio Decidendi
The court found that the applicant failed to satisfactorily explain the delay in filing the appeal, as no supporting affidavit from the alleged brother was provided. The absence of credible evidence to justify the delay rendered the application without merit. Consequently, the application for extension of time was disallowed.
Court Disposition
application dismissed
Orders
- The application is disallowed.
- This file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Odundo v Republic (Miscellaneous Criminal Application E060 of 2024) [2024] KEHC 10456 (KLR) (27 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10456 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E060 of 2024
MS Shariff, J
August 27, 2024
Between
Richard Odhiambo Odundo
Applicant
and
Republic
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated 23. 4.2023 and the affidavit in support thereof of even date and I do find that the delay in filing the appeal within the requisite time frame has not been satisfactorily explained to this court. No affidavit of the alleged brother who was to retain an advocate for the Applicant has been annexed.
2. On the balance this application lacks merit and is hereby disallowed.
3. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 27TH DAY OF AUGUST, 2024. M. S. SHARIFFJUDGE