[2022] KEHC 13737 (KLR)
The court found that the applicant had not provided any reason for the inordinate delay of nearly five years in seeking leave to appeal out of time. The absence of an explanation for the delay amounted to laches, and the court held that it could not exercise its discretion in favour of an applicant who had not...
Source-derived case information.
- Citation
- [2022] KEHC 13737 (KLR)
- Parties
- Applicant: William Ouma Olambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E087 of 2022
- 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, Defilement Offence, Conviction and Sentence, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Ouma Olambo
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 inordinate delay in seeking leave to 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 had not provided any reason for the inordinate delay of nearly five years in seeking leave to appeal out of time. The absence of an explanation for the delay amounted to laches, and the court held that it could not exercise its discretion in favour of an applicant who had not demonstrated sufficient cause. Consequently, the application for leave to appeal out of time was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated May 11, 2022 is dismissed for lack of merit.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Olambo v Republic (Miscellaneous Criminal Application E087 of 2022) [2022] KEHC 13737 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13737 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E087 of 2022
RE Aburili, J
October 11, 2022
Between
William Ouma Olambo
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in the Senior Resident Magistrate’s court at Ukwala in Sexual offence Case No. 268/2015 by Hon. C.N. Wanyama, Resident Magistrate on 11. 4.2016 AND in Siaya HCRA No.98/2016 by D.S. Majanja J on 2. 2.2018)
Ruling
1. The applicant is William Ouma Olambo. By his notice of motion dated May 11, 2022 and filed in court on July 21, 2022, he seeks for leave to file an appeal out of time and for waiver of fees.
2. From the court records availed to me, the applicant was convicted for the offence of defilement contrary to section 8 (1) as read with section 8(3) of the SexualOffence Act in Ukwala SRM Sexual Offence Case No 268/2015, on 11/4/2016 by Hon C N Wanyama Resident Magistrate. He was sentenced to serve 20 years imprisonment vide sentence imposed on April 12, 2016.
3. He appealed to this court vide HCRA 98/2016 which appeal was heard and determined on February 2, 2018 by D S Majanja J, dismissing the appeal both against conviction and sentence.
4. It is now close to five years since the appeal was dismissed. I find no reason given for the inordinate delay for the applicant to seek leave to appeal out of time. I find the applicant guilty of laches and unexplained inordinate delay. The application dated May 11, 2022 is found to be devoid of merit and is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE