[2022] KEHC 13731 (KLR)
The court found that the applicant had not demonstrated any sufficient cause or justification for the delay in seeking leave to appeal out of time. The application was filed two years after the High Court had already exercised leniency by reducing the applicant's sentence from life imprisonment to thirty years. The...
Source-derived case information.
- Citation
- [2022] KEHC 13731 (KLR)
- Parties
- Applicant: Daniel Otieno Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E093 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, Robbery With Violence, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Oloo
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 demonstrated sufficient cause to warrant grant of leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time is merited.
Ratio Decidendi
The court found that the applicant had not demonstrated any sufficient cause or justification for the delay in seeking leave to appeal out of time. The application was filed two years after the High Court had already exercised leniency by reducing the applicant's sentence from life imprisonment to thirty years. The court characterized the application as an afterthought and found no substantive grounds to warrant the exercise of its discretion in favor of the applicant. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E093 of 2022) [2022] KEHC 13731 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13731 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E093 of 2022
RE Aburili, J
October 11, 2022
Between
Daniel Otieno Oloo
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal out of time against Judgment, conviction and sentence in the Principal Magistrate’s court at Siaya in Criminal Case No. 3 of 2018 by Hon. J.O. Ongondo Principal Magistrate on 24. 8.2018 and in Siaya HCRA No. 44A of 2018)
Ruling
1. The applicant is Daniel Otieno Oloo. He and another were convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to life imprisonment by J Ong’ondo Principal Magistrate vide judgment and sentence dated August 24, 2018 after they mitigated.
2. He filed an appeal vide HCRA 44A/2018 jointly with Kennedy Odhiambo Onyango and vide judgment delivered on October 6, 2020, this court dismissed the appeal against conviction but allowed appeal against sentence. I reduced the sentence from life imprisonment to thirty years imprisonment.
3. The convict now claims that he wants leave to appeal out of time. It is now 2 years since this court exercised extreme leniency in resentencing the applicant robber to 30 years imprisonment from life imprisonment imposed by the lower court.
4. I find no substance in the application which I find to be an afterthought. The application filed on August 22, 2022 is hereby dismissed.
5. The file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE