[2022] KEHC 14874 (KLR)
The court found that the applicant had previously filed a similar application, which was dismissed, and that the current application was essentially a repeat, seeking leave to appeal from a different judgment without providing any sufficient reason for the delay. The court characterized the conduct as mischievous...
Source-derived case information.
- Citation
- [2022] KEHC 14874 (KLR)
- Parties
- Applicant: Charles Patrick Ooko Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E144 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Abuse of Process, Laches, Criminal Appeals
- 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
Charles Patrick Ooko Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal from the judgment in Siaya HCRA 86/2019.
- 2 Whether the application constitutes an abuse of the court process.
- 3 Whether there was sufficient explanation for the delay (laches) in filing the application.
Ratio Decidendi
The court found that the applicant had previously filed a similar application, which was dismissed, and that the current application was essentially a repeat, seeking leave to appeal from a different judgment without providing any sufficient reason for the delay. The court characterized the conduct as mischievous and an abuse of the court process. The absence of any explanation for the laches (delay) led the court to conclude that the application was an afterthought and not meritorious. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E144 of 2022) [2022] KEHC 14874 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14874 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E144 of 2022
RE Aburili, J
November 2, 2022
Between
Charles Patrick Ooko Onyango
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal from Siaya HCCRC 86/2019)
Ruling
1. The applicant herein Charles Patrick Ooko Onyango filed a similar application as this in HC Misc Criminal Application No E132/2022 which was dismissed on October 12, 2022. He has filed another application for leave to appeal from judgment of this court yet in the earlier application he sought leave to appeal from Bondo PM SO 1034/2018.
2. The application herein now seeks leave to appeal from Siaya HCRA 86/2019 which was dismissed on November 30, 2020. I find the applicant to be mischievous and abusing the court process.
3. I find no reason given for the laches. I find this application to be an afterthought.
4. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE