[2003] KEHC 200 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the inordinate delay in filing the application for leave to appeal out of time. The applicant received the typed proceedings on 20th June 2003, which is when time for filing the appeal began to run. He waited almost a year before taking...
Source-derived case information.
- Citation
- [2003] KEHC 200 (KLR)
- Parties
- Applicant: Zakaria Achiki Ombogo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 41 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Criminal Appeals, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakaria Achiki Ombogo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient cause to warrant extension of time to file an appeal out of time.
- 2 Whether the delay in filing the application was justified.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the inordinate delay in filing the application for leave to appeal out of time. The applicant received the typed proceedings on 20th June 2003, which is when time for filing the appeal began to run. He waited almost a year before taking action, only switching advocates and filing the application in May 2004. The court held that the applicant could not escape blame for the delay by attributing it solely to his previous advocates. The lack of promptness and diligence on the part of the applicant was fatal to his application. Consequently, the application was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
MISC. APPLICATION NO.41 OF 2004
ZAKARIA ACHIKI OMBOGO ………………...……………. APPLICANTVERSUSREPUBLIC ………………………………………………. RESPONDENTRULING:
Applicant seeks to be allowed to appeal out of time. He was convicted on 14th May 2003. He told court that he applied for typed proceedings and obtained them on 20th June 2003. He instructed the firm of M/s Nyamwange and Co. to institute appeal. They did not do so.
On 29/4/04 he instructed the firm of Nyamweya Osoro & Co. They filed this application on 25th May 2004.
I have considered the application. I find it has no merit. The applicant took almost one year to bring this application. He received typed proceedings on 20th June 2003. That is when time started running. He tried to blame the firm of M/s Nyamwange & Co. for the delay. He however cannot also escape blame. He could not have waited for a whole year to switch advocates.
Application is dismissed.KABURU BAUNIJUDGE