[2024] KEHC 11536 (KLR)
The court found that the applicant failed to demonstrate any attempt to lodge an appeal within the prescribed time and did not provide a satisfactory explanation for the delay. As a result, the court declined to exercise its discretion to extend time for filing the appeal and dismissed the application.
Source-derived case information.
- Citation
- [2024] KEHC 11536 (KLR)
- Parties
- Applicant: Joseph Okoth Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E187 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Okoth Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for delay in lodging an appeal within time.
- 2 Whether the court should exercise its discretion to extend time for filing an appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate any attempt to lodge an appeal within the prescribed time and did not provide a satisfactory explanation for the delay. As a result, the court declined to exercise its discretion to extend time for filing the appeal and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for extension of time is dismissed.
- The file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E187 of 2024) [2024] KEHC 11536 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11536 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E187 of 2024
MS Shariff, J
September 30, 2024
Between
Joseph Okoth Otieno
Applicant
and
Republic
Respondent
Ruling
1. Upon perusal of the notice of motion dated 19. 8.2024 and the supporting affidavit sworn by Joseph Okoth Otieno on even date, I do note that the Applicant has not demonstrated that he had indeed attempted to lodge an appeal within time. I therefore note that the delay in moving court has not been explained to the satisfaction of this court wherefore I decline to extend time and I thus dismiss this application.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 30THDAY OF SEPTEMBER, 2024M. S. SHARIFFJUDGE