[2024] KEHC 10165 (KLR)
The court found that the applicant failed to provide any reason for the nearly two-year delay in seeking leave to appeal out of time. The absence of an explanation for the delay, coupled with no evidence that the applicant applied for or was denied the trial court proceedings, rendered the application an...
Source-derived case information.
- Citation
- [2024] KEHC 10165 (KLR)
- Parties
- Applicant: Rolex Otieno Oguji; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E118 of 2024
- Procedural Posture
- 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 Appeal, Defilement Offence, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rolex Otieno Oguji
Applicant
Republic
Respondent
Procedural Posture
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 the 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 reason for the nearly two-year delay in seeking leave to appeal out of time. The absence of an explanation for the delay, coupled with no evidence that the applicant applied for or was denied the trial court proceedings, rendered the application an afterthought. The court emphasized that inordinate and unexplained delay is not excusable and that granting leave in such circumstances would undermine the administration of justice. Consequently, the application was found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 7/6/2024 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Oguji v Republic (Criminal Application E118 of 2024) [2024] KEHC 10165 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10165 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E118 of 2024
RE Aburili, J
August 15, 2024
Between
Rolex Otieno Oguji
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando SO Case No. 52 of 2017 on 13/10/2022 by Hon. J, Wekesa, PM)
Ruling
1. The applicant is a convict of the offence of defilement under section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty years in prison.
2. He now seeks leave of this court to appeal out of time.
3. There no single reason given in his application for the delay in filing the appeal. I find the application an afterthought as the delay is inordinate and without any explanation, time having lapsed, of nearly two years and in such instances, this court has established that the trial court files vanish upon which the convicts seek to appeal after their close associates causing the disappearance of such old original trial court records, noting that there is no evidence that proceedings were ever applied for and that the same were never supplied for all the period since conviction.
4. I find no merit in the application dated 7/6/2024 and the same is hereby dismissed.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE