[2022] KEHC 13728 (KLR)
The court found that the applicant had not advanced any new reasons to warrant reconsideration of his application for leave to file an appeal out of time. The application was a repetition of a previously dismissed application, and the delay of seven months in filing the new application was deemed inordinate. The...
Source-derived case information.
- Citation
- [2022] KEHC 13728 (KLR)
- Parties
- Applicant: Issa Jomo Sewedy; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E094 of 2022
- Procedural Posture
- Miscellaneous Criminal 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, Pauper Appeal, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Jomo Sewedy
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has advanced new reasons to warrant reconsideration of his application for leave to appeal out of time.
- 2 Whether the application for leave to appeal out of time is merited given the previous dismissal and delay.
Ratio Decidendi
The court found that the applicant had not advanced any new reasons to warrant reconsideration of his application for leave to file an appeal out of time. The application was a repetition of a previously dismissed application, and the delay of seven months in filing the new application was deemed inordinate. The court exercised its discretion to dismiss the application as devoid of merit, emphasizing that judicial resources should not be expended on repetitive and unmeritorious applications.
Court Disposition
application dismissed
Orders
- The application for leave to file an appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Sewedy v Republic (Miscellaneous Criminal Application E094 of 2022) [2022] KEHC 13728 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13728 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E094 of 2022
RE Aburili, J
October 11, 2022
Between
Issa Jomo Sewedy
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal under Rule 113 of the Court of Appeal Rules against Judgment, conviction and sentence in the Principal Magistrate’s court at Bondo in Criminal Case No. 481 of 2015 AND in Siaya HCRA No.402016 & in Siaya HCR Misc. E010 of 2022)
Ruling
1. The applicant is Issa Jomo Sewedy. He was the appellant in HCRA 40/2016 where the appeal was dismissed on 10/11/2016 by Hon. J. Makau, Judge. He filed an application under Rule 113 of the Court of Appeal Rules for leave to file an appeal out of time and as a pauper. The application was dismissed on 27/1/2022 for being inordinately filed.
2. He is now before this court seeking the same orders. I find no new reason being advanced to warrant reconsideration of his application afresh. The application filed on 22/8/2022 seven months after the application in HCR Misc. E010/2022 was dismissed is found to be devoid of merit. It is hereby dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE