[2022] KEHC 3073 (KLR)
The court found that the application for leave to appeal out of time was not supported by any material evidence, such as a sworn affidavit or documents showing the nature of the offence or the actual date of conviction. The court noted a pattern of similar applications being filed by inmates, sometimes even after...
Source-derived case information.
- Citation
- [2022] KEHC 3073 (KLR)
- Parties
- Applicant: William Omondi Onginjo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E041 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure, Supporting Affidavit Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Omondi Onginjo
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 from the conviction and sentence of the lower court.
- 2 Whether the application is supported by sufficient material to enable the court consider its merits.
Ratio Decidendi
The court found that the application for leave to appeal out of time was not supported by any material evidence, such as a sworn affidavit or documents showing the nature of the offence or the actual date of conviction. The court noted a pattern of similar applications being filed by inmates, sometimes even after their appeals have already been determined. In the absence of supporting material, the court was unable to consider the merits of the application and therefore struck it out.
Court Disposition
application struck out
Orders
- The application is struck out for want of supporting material.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Onginjo v Republic (Miscellaneous Criminal Application E041 of 2022) [2022] KEHC 3073 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 3073 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E041 of 2022
RE Aburili, J
April 21, 2022
Between
William Omondi Onginjo
Applicant
and
Republic
Respondent
(This was an Application arising from conviction and sentence of the Principal Magistrate’s Court at Bondo in Criminal Case No. E066 of 2021)
Ruling
1. I have perused the application filed on 4/4/2022 seeking for leave to appeal out of time, from the convictions and sentence dated 8/2/2022 vide Bondo PM’s Court Cr Case No E066 of 2021.
2. I observe that the wordings in this application are the same as those in Misc Cr E042/2022 save for the case number in the lower court.
3. There is no document attached to show the nature of the offence or actual date of the conviction.
4. This court has had the experience of inmates filing several applications of similar nature even after their appeals have been determined by this court.
5. There is no sworn supporting affidavit to hold the applicant responsible in case he is found to have lied to this court.
6. For want of supporting material to enable this court consider the merits of this application, I proceed and strike out the application.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE