[2024] KEHC 10070 (KLR)
The court found that the applicant failed to provide sufficient details regarding the status of his previous appeal or the circumstances leading to the delay. The application lacked merit as it did not meet the threshold for granting leave to appeal out of time. The court emphasized that if an appeal has lapsed or...
Source-derived case information.
- Citation
- [2024] KEHC 10070 (KLR)
- Parties
- Applicant: Stephen Odhiambo Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E092 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Odhiambo Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant grant of leave to appeal out of time.
- 2 Whether the court can entertain the application in the absence of clarity on the status of the previous appeal.
Ratio Decidendi
The court found that the applicant failed to provide sufficient details regarding the status of his previous appeal or the circumstances leading to the delay. The application lacked merit as it did not meet the threshold for granting leave to appeal out of time. The court emphasized that if an appeal has lapsed or been dismissed for non-compliance, the proper procedure is to seek review of that order, not to file a fresh application for leave. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Onyango v Republic (Criminal Application E092 of 2024) [2024] KEHC 10070 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10070 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E092 of 2024
RE Aburili, J
August 12, 2024
Between
Stephen Odhiambo Onyango
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM Criminal Case No. E434 of 2022 by Hon. R.M. Oanda, SPM on 24/4/2023)
Ruling
1. The applicant is a convict in Winam SPM Cr Case No E434 of 2022. He was convicted of the offence of Robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code and sentenced to serve twenty years imprisonment on 24th April, 2023.
2. The convict now applies for leave to appeal out of time saying he had filed his appeal but that submissions were filed out of time. He does not indicate in which appeal and what happened to that appeal. In addition, if it is a question of the appeal lapsing or being dismissed for non-compliance with directions of the court, only an application for review of that order can be considered by the court.
3. The application herein filed on 14/6/2024 is found to be devoid of merit and the same is hereby dismissed.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R. E. ABURILIJUDGE