[2022] KEHC 13157 (KLR)
The court found that the applicant failed to provide any plausible or satisfactory reason for the inordinate delay of nearly two years in seeking leave to appeal out of time. Furthermore, the applicant misrepresented the sentence imposed by claiming he was sentenced to death, whereas the record shows he was...
Source-derived case information.
- Citation
- [2022] KEHC 13157 (KLR)
- Parties
- Applicant: Patrick Owino Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E100 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, Criminal Appeals, Extension of Time, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Owino 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 reason for the delay in filing an appeal out of time.
- 2 Whether the court should exercise its discretion to grant leave to appeal out of time.
Ratio Decidendi
The court found that the applicant failed to provide any plausible or satisfactory reason for the inordinate delay of nearly two years in seeking leave to appeal out of time. Furthermore, the applicant misrepresented the sentence imposed by claiming he was sentenced to death, whereas the record shows he was sentenced to 30 years imprisonment. The court held that the applicant's dishonesty and lack of explanation for the delay disentitled him to the court's discretionary power to extend time. Consequently, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E100 of 2022) [2022] KEHC 13157 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13157 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E100 of 2022
RE Aburili, J
September 23, 2022
Between
Patrick Owino Otieno
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time arising from Judgment, conviction and sentence in Siaya High Court in Siaya HCRCC No. 9 of 2019 on 24/11/2020)
Ruling
1. The application by the applicant Patrick Owino Otieno filed on August 29, 2022, seeks for leave to appeal out of time. The judgment sought to be impugned was delivered on December 16, 2020 which is nearly two years ago. There is no reason given for the delay. I find this application an afterthought as no plausible reasons are given for the inordinate delay. In addition, the applicant has lied on oath that he was sentenced to death yet the judgment on record is clear that upon conviction for the offence of murder, he was sentenced to serve 30 years imprisonment.
2. The applicant is a dishonest person who does not deserve the discretion of this court. I find the application for leave to appeal out of time and to file notice of appeal out of time devoid of merit. It is hereby dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE