[2022] KEHC 15563 (KLR)
The court found that the applicant failed to provide any affidavit or explanation for the inordinate delay in seeking leave to appeal out of time. The absence of any reason for the procrastination rendered the application without merit. The court emphasized that a satisfactory explanation for delay is a prerequisite...
Source-derived case information.
- Citation
- [2022] KEHC 15563 (KLR)
- Parties
- Applicant: Samuel Ondeng Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E140 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Out of Time Appeal, Defilement Offence, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ondeng Opiyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in seeking leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant failed to provide any affidavit or explanation for the inordinate delay in seeking leave to appeal out of time. The absence of any reason for the procrastination rendered the application without merit. The court emphasized that a satisfactory explanation for delay is a prerequisite for the exercise of discretion to grant leave to appeal out of time. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated October 3, 2022 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Opiyo v Republic (Miscellaneous Criminal Application E140 of 2022) [2022] KEHC 15563 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15563 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E140 of 2022
RE Aburili, J
November 18, 2022
Between
Samuel Ondeng Opiyo
Applicant
and
Republic
Respondent
(Being an application for leave to Appeal in Siaya HCRA 39/2018)
Ruling
1. On November 18, 2019, exactly 3 years ago, the applicant herein vide HCRA 39/2018 withdrew his appeal against conviction in a defilement case and the court delivered judgment against sentence finding that as the appellant was a recidivist sexual offender, he did not deserve any sentence reduction.
2. He is back into court seeking leave to appeal out of time from the judgment of the lower court. Even if it was an intended appeal from the judgment of this court, I find no reason for the procrastination as no affidavit is deposed on the inordinate delay. I find no merit in this application dated October 3, 2022 which is hereby dismissed. This file is closed. I so order.
Dated, signed and Delivered at Siaya this 18thDay of November, 2022R E ABURILIJUDGE