[2022] KEHC 9920 (KLR)
The court found that the applicant misrepresented the date of judgment, claiming it was delivered on 27/2/2022 when it was actually delivered on 19/1/2021. The applicant failed to provide any plausible reason for the inordinate delay in filing the application and did not present evidence of pauperism. Consequently,...
Source-derived case information.
- Citation
- [2022] KEHC 9920 (KLR)
- Parties
- Applicant: Maurice Odiwuor Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E052 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Delay in Filing, Pauperism, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maurice Odiwuor Oloo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the application for appeal out of time.
- 2 Whether there is evidence of pauperism to justify the application.
Ratio Decidendi
The court found that the applicant misrepresented the date of judgment, claiming it was delivered on 27/2/2022 when it was actually delivered on 19/1/2021. The applicant failed to provide any plausible reason for the inordinate delay in filing the application and did not present evidence of pauperism. Consequently, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oloo v Republic (Criminal Miscellaneous Application E052 of 2022) [2022] KEHC 9920 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEHC 9920 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E052 of 2022
RE Aburili, J
May 9, 2022
Between
Maurice Odiwuor Oloo
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence of Siaya in HCCRC No. 20/2018)
Ruling
1. The judgment sought to be impugned was delivered on 19/1/2021 over 1 year and 3 months ago. However, the applicant claims in his documents attached that judgment was delivered on 27/2/2022 which is a lie.
2. There is no plausible reason given for the inordinate delay and in addition there is no evidence of pauperism disclosed.
3. The application is found to be devoid of any merit.
4. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF MAY, 2022R.E. ABURILIJUDGE