[2020] KEHC 4181 (KLR)
The court found that the applicant failed to provide evidence of having filed a Notice of Appeal in time and did not demonstrate any points of law to be advanced on the intended second appeal. Additionally, the applicant did not provide material evidence to support his claim of pauperism. Consequently, the court...
Source-derived case information.
- Citation
- [2020] KEHC 4181 (KLR)
- Parties
- Applicant: Charles Otando Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 20 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Out of Time Application, Sexual Offences, Pauperism, Notice of Appeal, Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Otando Okello
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant grant of leave to appeal out of time.
- 2 Whether there is evidence of timely filing of Notice of Appeal by the applicant.
- 3 Whether the applicant has established grounds of pauperism to justify the application.
Ratio Decidendi
The court found that the applicant failed to provide evidence of having filed a Notice of Appeal in time and did not demonstrate any points of law to be advanced on the intended second appeal. Additionally, the applicant did not provide material evidence to support his claim of pauperism. Consequently, the court held that the application lacked merit and dismissed it.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 20 OF 2019
CHARLES OTANDO OKELLO...................................................................APPLICANT
VERSUS
REPUBLIC..................................................................................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)
(From Original Criminal Case No. 16 of 2017 at SRM’sCourt, Ukwalaand againstJudgment of the
High Court ofKenya at Siaya in Criminal Appeal No. 62 of 2017 dated 18th December 2018)
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules. The judgment intended to be appealed against was rendered on 18/12/2018 which is over 1½ years ago. Although the applicant claims that he had filed a Notice of appeal in time but the same could not be traced, there is no such evidence.
2. In addition, I find no points of law which the applicant intends to rely on to advance the second appeal. There is also no material to support the claim of pauperism by the convict/applicant who was sentenced for defilement contrary to Section 8 (1) as read with Section 8(2) of the Sexual Offences Act.
3. For the above reasons, I find this application devoid of merit. I dismiss it.
4. Filed closed.
Orders accordingly.
Dated, signed and Delivered at Siaya this 16th Day of July, 2020
R.E. ABURILI
JUDGE