[2022] KEHC 14038 (KLR)
The court found that the applicant failed to provide proper particulars to support his application for leave to appeal out of time. The purported judgment date cited by the applicant was on a public holiday (Labour Day), making it implausible that proceedings took place on that day, and no supporting documentation...
Source-derived case information.
- Citation
- [2022] KEHC 14038 (KLR)
- Parties
- Applicant: John Onyango Wiga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E130 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Onyango Wiga
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 particulars to warrant leave to file an appeal out of time.
- 2 Whether the judgment date cited by the applicant is credible and supported by evidence.
Ratio Decidendi
The court found that the applicant failed to provide proper particulars to support his application for leave to appeal out of time. The purported judgment date cited by the applicant was on a public holiday (Labour Day), making it implausible that proceedings took place on that day, and no supporting documentation was annexed. The application was therefore struck out for want of proper particulars.
Court Disposition
application struck out
Orders
- The application is struck out for want of proper particulars.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Wiga v Republic (Miscellaneous Criminal Application E130 of 2022) [2022] KEHC 14038 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14038 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E130 of 2022
RE Aburili, J
October 12, 2022
Between
John Onyango Wiga
Applicant
and
Republic
Respondent
((Being an Application for leave of court to file an appeal out of time from Judgment, conviction and sentence in Bondo PM Criminal Case No. E108 of 2020))
Ruling
1. The applicant John Onyango Owinga by his application dated October 6, 2022 seeks for leave of court to file his appeal out of time from Bondo PM Cr E018/2020.
2. He claims that the judgment sought to be challenged was delivered on May 1, 2022. I take judicial notice of the fact that 1st of May of every year is an international public holiday being a labour day and that therefore no proceedings could have taken place on that day as none are annexed to this application herein. The applicant convict is merely second guessing.
3. This application is hereby struck out for want of proper particulars.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE