[2024] KEHC 11537 (KLR)
The court found that the applicant failed to substantiate the reasons for his delay in filing the appeal. He did not disclose the identities of the relatives who allegedly misled him, nor the advocate they purportedly approached, and failed to provide any documentary evidence such as a fee note. The court held that...
Source-derived case information.
- Citation
- [2024] KEHC 11537 (KLR)
- Parties
- Applicant: Samwel Onyango Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E183 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samwel Onyango Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient and substantiated reasons to warrant extension of time to file an appeal out of time.
Ratio Decidendi
The court found that the applicant failed to substantiate the reasons for his delay in filing the appeal. He did not disclose the identities of the relatives who allegedly misled him, nor the advocate they purportedly approached, and failed to provide any documentary evidence such as a fee note. The court held that unsubstantiated claims do not meet the threshold for the exercise of judicial discretion to extend time. Consequently, the application for extension of time was declined.
Court Disposition
application dismissed
Orders
- The application for extension of time to file an appeal is declined.
- This file is marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E183 of 2024) [2024] KEHC 11537 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11537 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E183 of 2024
MS Shariff, J
September 30, 2024
Between
Samwel Onyango Otieno
Applicant
and
Republic
Respondent
Ruling
1. I have perused the notice of motion dated 21. 6.2024 and the supporting affidavit of Samuel Onyango Otieno and I do note that whereas he states that he had failed to lodge an appeal within 14 days from 26. 4.2023 due to false promises by his relatives who had allegedly undertaken to retain an advocate for him, he has not made disclosure of the identity of the relatives that misled him nor the advocate that the undisclosed relatives had approached. Nor has he annexed the fee note of the advocate, whose fees his relatives failed to pay.
2. I do note that the reason advanced has therefore not been substantiated to the satisfaction of this court wherefore I decline to extend time.
3. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 30TH DAY OF SEPTEMBER, 2024M. S. ShariffJUDGE