[2022] KEHC 2673 (KLR)
The court found that the applicant failed to provide any reasons for the inordinate delay of one year in seeking leave to appeal out of time. The absence of an explanation rendered the application an afterthought and lacking in merit. Consequently, the court dismissed the application and ordered the file closed.
Source-derived case information.
- Citation
- [2022] KEHC 2673 (KLR)
- Parties
- Applicant: Peter Odhiambo Abony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E012 of 2022
- Procedural Posture
- Miscellaneous 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, Pauper Application, Murder Conviction, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Abony
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous 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 the appeal out of time.
- 2 Whether the applicant qualifies to file the appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide any reasons for the inordinate delay of one year in seeking leave to appeal out of time. The absence of an explanation rendered the application an afterthought and lacking in merit. Consequently, the court dismissed the application and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to file appeal out of time and as a pauper is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E012 OF 2022
CORAM: HON. R.E. ABURILI, J
PETER ODHIAMBO ABONY.............................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of Siaya
High Court in Criminal Case No. 29 of 2017)
RULING
1. I have considered the Application filed on 20/1/2022 seeking leave to file appeal out of time and as a pauper. It invokes Rule 113 of the Court of Appeal Rules. The Judgment sought to be impugned was delivered on 25/1/2021 wherein the applicant was convicted for the offence of Murder and sentenced to serve 30 years imprisonment.
2. No reasons have been given for the inordinate delay of one year.
3. I find this application an afterthought and lacking in merit.
4. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE