[2024] KEHC 11547 (KLR)
The court found that the applicant failed to provide any credible or sufficient explanation for the inordinate delay of over ten years in seeking leave to appeal out of time. The applicant did not specify when he was sentenced or provide evidence of efforts to obtain proceedings or judgment. The court concluded that...
Source-derived case information.
- Citation
- [2024] KEHC 11547 (KLR)
- Parties
- Applicant: Kevin Otiya Orimbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Appeal E154 of 2024
- Procedural Posture
- Miscellaneous Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Conviction and Sentence, Defilement Offence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Otiya Orimbo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Appeal / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any credible or sufficient explanation for the inordinate delay of over ten years in seeking leave to appeal out of time. The applicant did not specify when he was sentenced or provide evidence of efforts to obtain proceedings or judgment. The court concluded that the application was devoid of substance and amounted to an abuse of the court process. Consequently, the application for leave to appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 12th July 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Orimbo v Republic (Miscellaneous Criminal Appeal E154 of 2024) [2024] KEHC 11547 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11547 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Appeal E154 of 2024
RE Aburili, J
September 26, 2024
Between
Kevin Otiya Orimbo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. 3495 of 2014)
Ruling
1. The Applicant Kevin Otiya Orimbo applies for leave to appeal out of time from conviction and sentence in Kisumu CM Criminal Case No. 3495 of 2014 and that he never appealed in time because he never got proceedings and judgment in time.
2. It is now over ten years since inception of the case and he does not state when he was sentenced for the offence of defilement to serve 20 years’ imprisonment.
3. The application dated 12th July 2024 is mischievous and devoid of any substance.
4. It is dismissed and this file closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE