[2022] KEHC 10088 (KLR)
The court found that the applicant failed to file a notice of appeal within the prescribed time and did not provide any affidavit or explanation for the inordinate delay of over two years. In the absence of a satisfactory explanation, the court held that the application lacked merit and dismissed it accordingly.
Source-derived case information.
- Citation
- [2022] KEHC 10088 (KLR)
- Parties
- Applicant: Samuel Agunda Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E046 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, Conviction and Sentence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Agunda Otieno
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 explanation for the inordinate delay in filing the notice of appeal.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to file a notice of appeal within the prescribed time and did not provide any affidavit or explanation for the inordinate delay of over two years. In the absence of a satisfactory explanation, the court held that the application lacked merit and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E046 of 2022) [2022] KEHC 10088 (KLR) (16 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10088 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E046 of 2022
RE Aburili, J
May 16, 2022
Between
Samuel Agunda Otieno
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of Siaya in HCCRA No. 51/2019 and the Principal Magistrate’s Court at Siaya in Criminal Case No. 52 of 2018)
Ruling
1. The judgment which is sought to be appealed against was delivered on 5/5/2020 virtually in the presence of the appellant who did not file his Notice of appeal.
2. It is now over 2 years and there is no affidavit sworn explaining the reasons for the inordinate delay.
3. I find the application not merited. I hereby dismiss it
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16THDAY OF MAY, 2022R.E. ABURILIJUDGE