[2018] KEHC 4615 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the Notice of Appeal as required by Rule 113 of the Court of Appeal Rules. Additionally, the applicant did not provide evidence of indigence due to incarceration, nor did he frame any question of law for the intended...
Source-derived case information.
- Citation
- [2018] KEHC 4615 (KLR)
- Parties
- Applicant: Benjamin Ochieng Isiongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 32 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Appeal Procedure, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Ochieng Isiongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether sufficient cause was shown for the delay in filing the Notice of Appeal.
- 2 Whether the applicant demonstrated indigence due to incarceration.
- 3 Whether the applicant raised any question of law for the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the Notice of Appeal as required by Rule 113 of the Court of Appeal Rules. Additionally, the applicant did not provide evidence of indigence due to incarceration, nor did he frame any question of law for the intended second appeal. These omissions were fatal to the application, leading the court to dismiss it and uphold the conviction and sentence as previously determined by the High Court.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The convict to serve sentence meted out on him and as upheld by the High Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CR. APPL. NO. 32 OF 2018
(CORAM: R. E. ABURILI - J.)
BENJAMIN OCHIENG ISIONGO.................................APPLICANT
VERSUS
REPUBLIC....................................................................RESPONDENT
RULING ON APPLICATION
On 19th February 2018, Hon. Cherere J delivered a judgment in HCCRA 78/2016 dismissing the Appellant’s appeal against conviction and sentence to the offence of defilement of a child.
The Applicant/Convict, now wishes to try his luck on a second appeal.
I have considered the application under Rule 113 of the Court of Appeal Rules. I am not satisfied that there is sufficient cause shown for the delay in filing Notice of Appeal.
Further, there is no evidence that the convict is poor by reason of his lawful incarceration.
The applicant has also not framed a single question of law for consideration by the Court of Appeal in the intended second Appeal.
I find that the application lacks merit. It is hereby dismissed. The convict to serve sentence meted out on him and as upheld by the High Court.
Dated, Signed and Delivered at SIAYA this 31st day of July 2018.
R.E. ABURILI
JUDGE