[2021] KEHC 5519 (KLR)

[2021] KEHC 5519 (KLR)

The court found that the applicant was convicted and sentenced nearly three years ago and failed to provide any good reason or explanation for the inordinate delay in filing the appeal or the application for leave to file the appeal out of time. The court held that the application was an afterthought and, therefore,...

Source-derived case information.

Citation
[2021] KEHC 5519 (KLR)
Parties
Applicant: Republic; Respondent: Fredrick Otieno Odero
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Case E079 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Leave to Appeal Out of Time, Delay in Filing Appeal
Source Language
en
Criminal Law Leave to Appeal Out of Time Delay in Filing Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Fredrick Otieno Odero

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to File Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
  2. 2 Whether leave to file the appeal out of time should be granted.

Ratio Decidendi

The court found that the applicant was convicted and sentenced nearly three years ago and failed to provide any good reason or explanation for the inordinate delay in filing the appeal or the application for leave to file the appeal out of time. The court held that the application was an afterthought and, therefore, dismissed it.

Court Disposition

application dismissed

Orders

  • The application for leave to file the appeal out of time is dismissed.
  • File closed.