[2020] KEHC 3831 (KLR)
The court found that the applicant failed to provide any evidence that he applied for copies of the proceedings or judgment, nor did he offer a plausible or acceptable explanation for the two-year delay in seeking leave to appeal. The supporting affidavit was not commissioned, and there was no material before the...
Source-derived case information.
- Citation
- [2020] KEHC 3831 (KLR)
- Parties
- Applicant: Richard Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 16 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, Delay in Filing Appeal, Criminal Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether the applicant is entitled to leave to appeal out of time under section 349 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant failed to provide any evidence that he applied for copies of the proceedings or judgment, nor did he offer a plausible or acceptable explanation for the two-year delay in seeking leave to appeal. The supporting affidavit was not commissioned, and there was no material before the court to support the applicant's claims. The court held that the application was brought with inordinate delay, amounting to laches, and was devoid of merit. Consequently, the application was dismissed as an afterthought.
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. 16 OF 2020
RICHARD ODHIAMBO………………..……….................................................APPLICANT
VERSUS
REPUBLIC………………….……...................................................…….…….RESPONDENT
(Being an Application for leave to file an appeal out of time under section 349 of the Criminal Procedure Code from Original Criminal Case No. 556 of 2018 at Senior Resident Magistrate’s Court, Siaya dated 13. 12. 2018)
RULING
1. The applicant Richard Odhiambo claims that he was convicted and sentenced to serve 11 years imprisonment on 13/12/2018 by Siaya PM’s court for the offence of Maim.
2. He also claims that he never appealed because he was never supplied with copies of proceedings and judgment in time and now wants leave to appeal out of time.
3. I have considered the applicant’s application and the ‘supporting affidavit’ which is not even commissioned. There is no evidence that the applicant ever applied for copies of proceedings and judgment and or that the same were not supplied for all the two years he has been in prison serving sentence.
4. There is no plausible acceptable explanation for the delay in filing the appeal within time. This application is brought with inordinate delay.
5. The applicant is guilty of laches.
6. The application is found to be devoid of merit. The same is hereby found to be an afterthought and is therefore dismissed.
7. File closed.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2020
R.E. ABURILI
JUDGE