[2021] KEHC 1672 (KLR)
The court found that the applicant failed to provide any evidence of pauperism or to offer any reasons for the inordinate delay in filing an appeal from the judgment delivered on 10/2/2020. There was no record of an appeal under the applicant's name determined by the court. In the absence of demonstrated sufficient...
Source-derived case information.
- Citation
- [2021] KEHC 1672 (KLR)
- Parties
- Applicant: Calvince Onyango Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E116 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Pauperism, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvince Onyango Ogola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for delay in filing an appeal.
- 2 Whether the applicant established pauperism to warrant special consideration.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of pauperism or to offer any reasons for the inordinate delay in filing an appeal from the judgment delivered on 10/2/2020. There was no record of an appeal under the applicant's name determined by the court. In the absence of demonstrated sufficient cause or supporting evidence, the application was found to be without merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E116 OF 2021
CORAM: R.E. ABURILI, J
CALVINCE ONYANGO OGOLA..........................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s court at Siaya in Criminal Case No. 28 of 2018 and HCRA 65 OF 2010)
RULING
1. I have considered the application filed on 9/11/2021.
2. I find no evidence of pauperism demonstrated and no reasons given for the inordinate delay for filing an appeal from the judgment of this court rendered on 10/2/2020. There is no such appeal under his name determined by this court.
3. The application is devoid of merit. It is dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE