[2022] KEHC 2478 (KLR)
The court found that the applicant failed to provide any sufficient reason for the inordinate delay in seeking leave to appeal out of time. Furthermore, the application did not disclose any points of law that would justify granting leave. As a result, the court determined that the application was an afterthought and...
Source-derived case information.
- Citation
- [2022] KEHC 2478 (KLR)
- Parties
- Applicant: Stephen Omondi Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E008 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, Conviction and Sentence, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Ogola
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 is entitled to leave to appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide any sufficient reason for the inordinate delay in seeking leave to appeal out of time. Furthermore, the application did not disclose any points of law that would justify granting leave. As a result, the court determined that the application was an afterthought and lacked merit, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time and as a pauper is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E008 OF 2022
CORAM: HON. R.E. ABURILI, J
STEPHEN OMONDI OGOLA....................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court
at Siaya in Criminal Appeal No. 37 of 2017 andSiaya PM’s Court,
Criminal Case 208/2016 delivered on 23/3/2017)
RULING
1. I have considered the application by the convict/applicant seeking leave to appeal out of time and as a pauper.
2. The judgment sought to be impugned was delivered on 4/12/2018.
3. There is no sufficient reason given for the inordinate delay.
4. I find this Application an afterthought and lacking in merit as no points of law are disclosed. It is hereby dismissed.
5. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE