[2023] KEHC 638 (KLR)
The court held that since the applicant had already filed a valid Notice of Appeal on 8/7/2022, there was no necessity for further leave to appeal out of time. The court had previously directed the applicant to pay the requisite charges for preparation of the appeal record and proceedings, which he had not done. The...
Source-derived case information.
- Citation
- [2023] KEHC 638 (KLR)
- Parties
- Applicant: Stanley Musungu Ogombe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 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, Notice of Appeal, Pauper Application, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Musungu Ogombe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant requires leave to appeal out of time when a valid Notice of Appeal is already on record.
- 2 Whether the application for leave to appeal out of time is an abuse of court process.
Ratio Decidendi
The court held that since the applicant had already filed a valid Notice of Appeal on 8/7/2022, there was no necessity for further leave to appeal out of time. The court had previously directed the applicant to pay the requisite charges for preparation of the appeal record and proceedings, which he had not done. The present application was therefore deemed unnecessary and an abuse of the court process. Consequently, the application for leave to appeal out of time was dismissed as devoid of substance.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is declined and dismissed.
- The Registry In charge is directed to assess the charges for preparation of the appeal record and transmit the same to the applicant requiring payment.
Full Case Text
Judgment text and source record
24 paragraphs
Ogombe v Republic (Miscellaneous Criminal Application E007 of 2023) [2023] KEHC 638 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 638 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E007 of 2023
RE Aburili, J
February 9, 2023
Between
Stanley Musungu Ogombe
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal in Siaya HCCRC No. E015/2021 and Siaya HC Misc. Criminal Application No. E072 of 2022))
Ruling
1. I have perused and considered the application filed on 6/2/2023 seeking leave to appeal out of time. I observe that following the sentence pronouncement on 26/6/2022, the convict/applicant herein Stanley Musungu Ogombe filed a Notice of Appeal on 8/7/2022 which is on record. He also sought leave to appeal as a pauper but his application was dismissed on account that there was no evidence of pauperism demonstrated.
2. The court, vide its ruling rendered vide HC Misc Cr Application E072/2022 however made it clear that the convict should pay into court the charges for preparation of appeal record and court proceedings and Judgment if he wished to get copies thereof. He has not done so and instead, he has come back to court seeking leave to appeal out of time.
3. As there is a valid Notice of Appeal on record filed on 8/7/2022, no other leave is necessary for filing of appeal.
4. I find this application to be mischievously filed and an abuse of court process since the applicant/convict already filed a Notice of appeal and this court directed him to pay into court charges for preparation of the appeal record.
5. I now direct the Registry In charge to assess the charges and transmit the same to the applicant/convict requiring payment thereof.
6. The application for leave to appeal out of time is found to be devoid of any substance. It is declined and dismissed.
7. File closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9THDAY OF FEBRUARY, 2023R.E. ABURILIJUDGE