[2020] KEHC 4184 (KLR)
The court found that the applicant had delayed for an inordinate period—over four years after conviction and sentence—before seeking leave to appeal out of time. The applicant had previously sought sentence revision, which was dismissed, and now sought to appeal when he had nearly completed serving his sentence. The...
Source-derived case information.
- Citation
- [2020] KEHC 4184 (KLR)
- Parties
- Applicant: Patrick Ajode Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 19 of 2020
- 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, Sentence Revision, Inordinate Delay, Abuse of Process
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Ajode Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time against the dismissal of his appeal.
- 2 Whether the application is merited given the delay and prior sentence revision application.
Ratio Decidendi
The court found that the applicant had delayed for an inordinate period—over four years after conviction and sentence—before seeking leave to appeal out of time. The applicant had previously sought sentence revision, which was dismissed, and now sought to appeal when he had nearly completed serving his sentence. The court held that such delay was unjustified and amounted to laches. The application was deemed an abuse of court process and devoid of merit, leading to its dismissal.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 19 OF 2020
PATRICK AJODE OCHIENG................................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010) (From Original Criminal Case No. 1021 of 2009 at SPM’s Court, Siaya before Hon. B.M. Ochoi (SPM) dated 3. 11. 2013 and against Judgment of the High Court of Kenya at Siaya in Criminal Appeal No. 28 of 2016 before Hon. Justice D.S. Majanja dated 8th July 2017)
RULING
1. I have considered the application filed on 6/3/2020 by the applicant/convict Patrick Ajode Ochieng. I observe that the impugned decision was made on 28/7/2016 by Hon. Makau-J dismissing the applicant’s appeal against 10 year sentence for the offence of Rape in Siaya Criminal Appeal No. 28 of 2016.
2. I am also aware that the same applicant/convict did seek Sentence Revision before this court vide Cr. Revision No. 48/2019 of 26/9/2019 which application was dismissed.
3. That being the case, and four years after conviction and sentence, the convict cannot claim that he now wants to exercise his right of appeal against dismissal of his appeal.
4. The applicant is guilty of inordinate laches. There is no merit in his application for leave to appeal out of time if he has served 6 years and 3 months of the prison term and he alleges he has a balances of 5 months only to complete the same, taking into account remission as alleged.
5. For the above reasons, I find this application an abuse of court process and an afterthought. It is devoid of merit and is hereby dismissed.
6. File closed.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 16th Day of July, 2020
R.E. ABURILI
JUDGE