[2024] KEHC 11581 (KLR)
The court found that the applicant failed to provide any disclosure or evidence regarding the relatives who allegedly promised to retain an advocate for him. The reason advanced for the delay was unsubstantiated and did not amount to sufficient cause. Consequently, the court declined to exercise its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 11581 (KLR)
- Parties
- Applicant: Brian Otieno Oduor alias Asuera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E184 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time dismissed.
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Appeal Rights, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Brian Otieno Oduor alias Asuera
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal.
- 2 Whether the court should exercise its discretion to extend time for filing an appeal.
Ratio Decidendi
The court found that the applicant failed to provide any disclosure or evidence regarding the relatives who allegedly promised to retain an advocate for him. The reason advanced for the delay was unsubstantiated and did not amount to sufficient cause. Consequently, the court declined to exercise its discretion to extend the time for filing an appeal.
Court Disposition
Application for extension of time dismissed.
Orders
- The application for extension of time is declined.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Oduor v Republic (Miscellaneous Criminal Application E184 of 2024) [2024] KEHC 11581 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11581 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E184 of 2024
MS Shariff, J
September 30, 2024
Between
Brian Otieno Oduor alias Asuera
Applicant
and
Republic
Respondent
Ruling
1. Upon perusal of the notice of motion dated 24. 7.2024 and the affidavit in support thereof sworn by Brian Otieno Oduor alias Aswera on even date I do note that the supporting affidavit does not make any disclosure of the relatives that had allegedly promised to retain an advocate on behalf of the Applicant for purposes of filing an appeal. This court is not persuaded by the reason advanced for the delay and I thus decline to extend time.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 30TH DAY OF SEPTEMBER, 2024M. S. SHARIFFJUDGE