[2020] KEHC 3330 (KLR)
The court found that the applicant failed to provide any plausible or satisfactory reason for the delay in filing the appeal. The attached undated letter did not establish that an appeal had been previously lodged, and there was no record of such an appeal in the applicant's name. The court considered the...
Source-derived case information.
- Citation
- [2020] KEHC 3330 (KLR)
- Parties
- Applicant: William Majanja Muto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 55 of 2020
- 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, Defilement Offence, Sexual Offences Act, Conviction and Sentence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Majanja Muto
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 an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any plausible or satisfactory reason for the delay in filing the appeal. The attached undated letter did not establish that an appeal had been previously lodged, and there was no record of such an appeal in the applicant's name. The court considered the application to be devoid of merit and dismissed it accordingly, exercising its discretion to refuse leave to appeal out of time.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 55 OF 2020
WILLIAM MAJANJA MUTO.......APPLICANT
VERSUS
REPUBLIC...................................RESPONDENT
(Being an Application for leave to appeal out of timeFrom original Ukwala SRM Criminal case No. 164/2013 dated 23/7/2014)
RULING
1. I have considered the applicant’s application for leave to appeal out of time from Judgment, conviction and sentence of 20 years imprisonment for defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act imposed vide Ukwala SRM Cr. Case No. 164/2013 on 23/7/2014 which is over 6 years ago.
2. There is no plausible reason for the delay in lodging the appeal. The applicant clearly but cunningly attaches an undated letter claiming he lodged an appeal No. 84/2019 dated 6/12/2019 at Siaya. No such appeal exists in his name and if it does then why bring this application 9 months later?
3. I find the Applicant to be mischievous.
4. The application is devoid of any merit. The same is hereby dismissed.
5. File closed.
6. Orders accordingly.
Date, signed and Delivered at Siaya this 1st Day of September 2020
R.E. ABURILI
JUDGE