[2019] KEHC 914 (KLR)

[2019] KEHC 914 (KLR)

The court found that the applicant failed to provide any satisfactory reasons for the delayed filing of the application, which was made almost a year after the decision. Upon perusal of the draft memorandum of appeal, the court found no points of law raised for consideration. Consequently, the application was...

Source-derived case information.

Citation
[2019] KEHC 914 (KLR)
Parties
Appellant: Stephen Omondi Ogolla; Respondent: State
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
25 November 2019
Case Number
Miscellaneous Application 18 of 2019
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Appeal Out of Time, Laches, Memorandum of Appeal
Source Language
english
Criminal Law Appeal Out of Time Laches Memorandum of Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Parties

Stephen Omondi Ogolla

Appellant

State

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant has provided satisfactory reasons for the delay in filing the application.
  2. 2 Whether the draft memorandum of appeal raises any points of law for consideration.

Ratio Decidendi

The court found that the applicant failed to provide any satisfactory reasons for the delayed filing of the application, which was made almost a year after the decision. Upon perusal of the draft memorandum of appeal, the court found no points of law raised for consideration. Consequently, the application was dismissed for laches and want of merit.

Court Disposition

application dismissed

Orders

  • The application is dismissed for laches and want of merit.