[2025] KEHC 513 (KLR)
The court found that the applicant had previously filed two similar applications seeking leave to appeal out of time, both of which were dismissed. The applicant had also informed the court that he had already lodged an appeal at the Court of Appeal, which was still pending. The court held that the present...
Source-derived case information.
- Citation
- [2025] KEHC 513 (KLR)
- Parties
- Applicant: Thomas Owuor Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Judgment Date
- 17 January 2025
- Case Number
- Miscellaneous Criminal Application E063 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- DK Kemei
- Legal Topics
- Leave to Appeal Out of Time, Abuse of Court Process, Criminal Appeals
- Source Language
- english
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 lodge an appeal to the Court of Appeal out of time.
- 2 Whether the present application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had previously filed two similar applications seeking leave to appeal out of time, both of which were dismissed. The applicant had also informed the court that he had already lodged an appeal at the Court of Appeal, which was still pending. The court held that the present application was therefore an abuse of court process, as the applicant had not appealed or sought review of the previous dismissals, and there was no justification for bringing a third application on the same issue. Consequently, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application filed on 26/6/2024 is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Oluoch v Republic (Miscellaneous Criminal Application E063 of 2024) [2025] KEHC 513 (KLR) (17 January 2025) (Ruling)
Neutral citation: [2025] KEHC 513 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E063 of 2024
DK Kemei, J
January 17, 2025
Between
Thomas Owuor Oluoch
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Thomas Owuor Oluoch has filed an application on 26/6/2024 seeking leave to lodge an appeal to Court of Appeal out of time against the judgment of Aburili J, dated 17/1/2022.
2. I have considered the application together with the affidavit in support thereof. It is not in dispute that the Applicant was sentenced to serve 50 years imprisonment vide Siaya HCCR No. E008 of 2020 by Aburili J dated 17/1/2022. It is also not in dispute that the Applicant had already filed his Notice of Appeal on 18/2/2022. It is also not in dispute that the Applicant filed Cr. Misc. Application No. E096/2022 seeking for leave to lodge appeal out of time which was dismissed on 11/20/2022 by Aburili J. It is also not in dispute that the Applicant filed another application vide Misc. Criminal Application No. E084 OF 2023 which was again dismissed on 21/5/2024 by Ogembo J after the Applicant informed the court that he had filed an appeal at the Court of Appeal which was then still pending. The Applicant has now filed the present application seeking for leave to lodge appeal out of time. As two similar applications had been determined regarding the same issue, I find the present application is clearly an abuse of court process. It is instructive that the Applicant has neither lodged an appeal against the said dismissal nor a review of those orders. Further, the Applicant in his own words informed the court vide Cr. Misc. Application No. E084 of 2023 on the 27/2/2024 that he had already lodged an appeal against the judgment of this court and which was still pending. If this was the position, then it is highly likely that the Applicant’s appeal is still at the Court of Appeal and therefore he need not to come back to this court. hence, the latest application must be rejected.
3. In view of the foregoing observations, I find the Applicant’s application filed on 26/6/2024 is bereft of any merit. The same is dismissed.
DATED AND DELIVERED AT SIAYA THIS 17TH DAY OF JANUARY, 2025. D. KEMEIJUDGEIn the presence of:Thomas Owuor Oluoch……..…ApplicantM/s Kerubo……………..for RespondentMboya……………………..Court Assistant