[2022] KEHC 14744 (KLR)
The court found that the applicant failed to provide any evidence of pauperism and did not offer satisfactory reasons for the delay in filing the notice of appeal for nearly one year after conviction. The application was deemed an afterthought and lacking in merit, leading to its dismissal.
Source-derived case information.
- Citation
- [2022] KEHC 14744 (KLR)
- Parties
- Applicant: Justine Otieno Adala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E143 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Application, Murder Conviction, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Justine Otieno Adala
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the delay in filing a notice of appeal out of time.
- 2 Whether the applicant qualifies for leave to appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of pauperism and did not offer satisfactory reasons for the delay in filing the notice of appeal for nearly one year after conviction. The application was deemed an afterthought and lacking in merit, 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
21 paragraphs
Adala v Republic (Miscellaneous Criminal Application E143 of 2022) [2022] KEHC 14744 (KLR) (1 November 2022) (Sentence)
Neutral citation: [2022] KEHC 14744 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E143 of 2022
RE Aburili, J
November 1, 2022
Between
Justine Otieno Adala
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal from Siaya HCCRC 5/2020)
Sentence
1. The applicant was sentenced to serve 25 years imprisonment upon conviction for the offence of Murder vide HCR 5/2020 on 16/11/2021 which is nearly one year ago. He seeks leave to appeal out of time as a pauper.
2. There is no evidence of pauperism and no satisfactory reasons are given for not filing a Notice of appeal for the last one year.
3. The application is an afterthought and devoid of any merit.
4. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE