[2024] KEHC 8177 (KLR)

[2024] KEHC 8177 (KLR)

The court found that the reasons advanced by the applicant for the delay in bringing the application were not persuasive, given the significant lapse of time since the judgment was delivered on 24.8.2023. Consequently, the court declined to certify the application as urgent, directed that the application be served,...

Source-derived case information.

Citation
[2024] KEHC 8177 (KLR)
Parties
Applicant: Glen Washington Omondi; Respondent: ODPP
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E121 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application
Outcome
Application not certified as urgent; directions given for service and response.
Judges
MS Shariff
Legal Topics
Extension of Time, Delay in Filing, Urgency Certification
Source Language
en
Criminal Law Extension of Time Delay in Filing Urgency Certification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Glen Washington Omondi

Applicant

ODPP

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Application

Legal Issues

  1. 1 Whether the applicant has provided sufficient reasons for the delay in filing the application.
  2. 2 Whether the application should be certified as urgent.

Ratio Decidendi

The court found that the reasons advanced by the applicant for the delay in bringing the application were not persuasive, given the significant lapse of time since the judgment was delivered on 24.8.2023. Consequently, the court declined to certify the application as urgent, directed that the application be served, and ordered the respondent to file a response within 10 days. The matter was set for mention for further directions, emphasizing the need for prompt and justified action in criminal applications involving delay.

Court Disposition

Application not certified as urgent; directions given for service and response.

Orders

  • This application is not certified as urgent.
  • The same be served.