[2024] KEHC 10087 (KLR)
The court found that the applicant failed to disclose the date of sentencing and did not provide sufficient grounds or evidence to justify the delay in filing the appeal. The application was deemed incompetent and lacking in substance, leading to its dismissal.
Source-derived case information.
- Citation
- [2024] KEHC 10087 (KLR)
- Parties
- Applicant: Vincent Kiprop Talaam; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E134 of 2024
- Procedural Posture
- 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, Defilement Conviction, Criminal Procedure, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Kiprop Talaam
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for leave to appeal out of time.
- 2 Whether the application is competent and supported by adequate evidence.
Ratio Decidendi
The court found that the applicant failed to disclose the date of sentencing and did not provide sufficient grounds or evidence to justify the delay in filing the appeal. The application was deemed incompetent and lacking in substance, leading to its dismissal.
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
20 paragraphs
Talaam v Republic (Criminal Application E134 of 2024) [2024] KEHC 10087 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10087 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E134 of 2024
RE Aburili, J
August 12, 2024
Between
Vincent Kiprop Talaam
Applicant
and
Republic
Respondent
Ruling
1. The applicant was convicted of the offence of defilement, according to his affidavit statement dated 14/5/2024 and sentenced to serve 10 years in prison.
2. He seeks leave of court to appeal out of time. He says he never received court proceedings in time. However, he does not disclose when he was sentenced.
3. The application is incompetent and is devoid of any substance. It is dismissed.
4. Signal to issue.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF AUGUST, 2024R.E.ABURILIJUDGE