[2022] KEHC 14029 (KLR)
The court found that the applicant had already filed a notice of appeal within the statutory period following his conviction and sentence for murder. As such, the application for leave to appeal out of time was unnecessary and misconceived. The proper course was for the applicant to pursue his appeal at the Court of...
Source-derived case information.
- Citation
- [2022] KEHC 14029 (KLR)
- Parties
- Applicant: Thomas Owuor Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 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, Criminal Appeal Procedure, Conviction and Sentence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Owuor Oluoch
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time despite having filed a notice of appeal within the prescribed period.
Ratio Decidendi
The court found that the applicant had already filed a notice of appeal within the statutory period following his conviction and sentence for murder. As such, the application for leave to appeal out of time was unnecessary and misconceived. The proper course was for the applicant to pursue his appeal at the Court of Appeal, not to seek leave from the High Court. The application was therefore dismissed for lack of merit.
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
20 paragraphs
Oluoch v Republic (Miscellaneous Criminal Application E096 of 2022) [2022] KEHC 14029 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14029 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E096 of 2022
RE Aburili, J
October 11, 2022
Between
Thomas Owuor Oluoch
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in Siaya HCR No. E008 of 2020 on 15. 2.2022)
Ruling
1. The applicant is Thomas Owuor Oluoch. He was convicted of the offence of murder vide HCR E008/2020 on 15/2/2022 and sentenced to serve 50 years imprisonment. He filed notice of appeal on 18/2/2022 which was within time. He ought to pursue his appeal at the Court of Appeal.
2. Instead, he now seeks leave of court to appeal out of time by his application dated and filed on 22/8/2022.
3. This application is misguided and not merited. It is hereby dismissed.
4. File is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE