[2018] KEHC 4703 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the waiver of court fees and for the extension of time to file a notice of appeal out of time. There was no demonstration of any question of law for consideration by the Court of Appeal, which is a requirement for a second appeal....
Source-derived case information.
- Citation
- [2018] KEHC 4703 (KLR)
- Parties
- Applicant: Anthony Achach Mohammed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 47 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Waiver of Court Fees and Extension of Time to File Notice of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Appeal Out of Time, Waiver of Court Fees, Second Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Achach Mohammed
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Waiver of Court Fees and Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for waiver of court fees.
- 2 Whether the applicant has provided adequate reasons for extension of time to file a notice of appeal out of time.
- 3 Whether there is any question of law for consideration by the Court of Appeal on a second appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the waiver of court fees and for the extension of time to file a notice of appeal out of time. There was no demonstration of any question of law for consideration by the Court of Appeal, which is a requirement for a second appeal. Additionally, the application was filed with inordinate delay and no reasons were provided for the delay. The court therefore exercised its discretion against the applicant and dismissed the application.
Court Disposition
application dismissed
Orders
- The application for waiver of court fees and extension of time to file notice of appeal out of time is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CR. APPL. NO. 47 OF 2018
(CORAM: R. E. ABURILI - J.)
ANTHONY ACHACH MOHAMMED................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
RULING ON APPLICATION
The Applicant/Convict, Anthony Achach Mohammedwas convicted of the offence of defilement contrary to Section 8(1) and (3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to 15 years imprisonment on 26th September 2016 by Hon. M. Obiero, PM of Bondo Law Courts. He appealed vide Siaya HCCRA 123/2016 and on 19th February 2018 Hon. Majanja J dismissed his appeal, upheld the conviction and sentence of the trial court.
On 3rd July 2018, he filed an application supported by an affidavit seeking for waiver of court fees and extension of time to file Notice of Appeal out of time and he also stated that he was poor for being imprisoned and that unless allowed to appeal, his constitutional rights will be violated and that his intended appeal has high chances of success.
I have considered the application.
I am not satisfied that there is sufficient cause for granting waiver of court fees and neither is there demonstration of any question of law for consideration by the Court of Appeal, the intended appeal being a second Appeal. Furthermore, there is inordinate delay in filing the application and no reasons are given.
I am not satisfied that the applicant herein deserves the discretion of this court under Section 113 of the Court of Appeal Rules.
I dismiss the application.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE