Case ID:162349
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Richard Odhiambo v Republic
Case Metadata
Case Number:
Miscellaneous Criminal Application 16 of 2020
Parties:
Richard Odhiambo v Republic
Date Delivered:
22 Jul 2020
Case Class:
Civil
Court:
High Court at Siaya
Case Action:
Ruling
Judge(s):
Roselyne Ekirapa Aburili
Citation:
Richard Odhiambo v Republic
Case History:
(Being an Application for leave to file an appeal out of time under section 349 of the Criminal Procedure Code from Original Criminal Case No. 556 of 2018 at Senior Resident Magistrate’s Court, Siaya dated 13.12.2018)
Court Division:
Criminal
County:
Siaya
History Docket No:
Criminal Case No. 556 of 2018
History County:
Siaya
Case Outcome:
Application dismissed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 16 OF 2020
RICHARD ODHIAMBO………………..……….................................................APPLICANT
VERSUS
REPUBLIC………………….……...................................................…….…….RESPONDENT
(Being an Application for leave to file an appeal out of time under section 349 of the Criminal Procedure Code from Original Criminal Case No. 556 of 2018 at Senior Resident Magistrate’s Court, Siaya dated 13.12.2018)
RULING
1. The applicant Richard Odhiambo claims that he was convicted and sentenced to serve 11 years imprisonment on 13/12/2018 by Siaya PM’s court for the offence of Maim.
2. He also claims that he never appealed because he was never supplied with copies of proceedings and judgment in time and now wants leave to appeal out of time.
3. I have considered the applicant’s application and the ‘supporting affidavit’ which is not even commissioned. There is no evidence that the applicant ever applied for copies of proceedings and judgment and or that the same were not supplied for all the two years he has been in prison serving sentence.
4. There is no plausible acceptable explanation for the delay in filing the appeal within time. This application is brought with inordinate delay.
5. The applicant is guilty of laches.
6. The application is found to be devoid of merit. The same is hereby found to be an afterthought and is therefore dismissed.
7. File closed.
Dated, signed and Delivered at Siaya, this 22
nd
Day of July 2020
R.E. ABURILI
JUDGE