[2022] KEHC 15647 (KLR)

[2022] KEHC 15647 (KLR)

The court found that the applicant failed to provide any evidence on oath explaining the delay in filing the appeal, as required by law. In the absence of such evidence, the application for leave to appeal out of time was unsupported and could not be granted. The court therefore dismissed the application and ordered...

Source-derived case information.

Citation
[2022] KEHC 15647 (KLR)
Parties
Applicant: George Omwombo Olik; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E145 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, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

George Omwombo Olik

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has provided sufficient explanation for the delay in filing the appeal out of time.
  2. 2 Whether leave to appeal out of time should be granted in the absence of evidence on oath explaining the delay.

Ratio Decidendi

The court found that the applicant failed to provide any evidence on oath explaining the delay in filing the appeal, as required by law. In the absence of such evidence, the application for leave to appeal out of time was unsupported and could not be granted. The court therefore dismissed the application and ordered the file closed.

Court Disposition

application dismissed

Orders

  • The application for leave to file appeal out of time is dismissed.
  • This file is closed.