[2018] KEHC 4680 (KLR)
The court found that the applicant should be allowed to file the notice of appeal out of time, deeming the already filed notice as duly filed and served, thus regularizing the intended first appeal. However, the court declined to waive the court fees for preparation of the record of appeal, as there was no material...
Source-derived case information.
- Citation
- [2018] KEHC 4680 (KLR)
- Parties
- Applicant: Erick Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 51 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Waiver of Court Fees
- Outcome
- Application partly allowed.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Brief, Court Fees Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Oduor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Waiver of Court Fees
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
- 2 Whether the applicant qualifies for waiver of court fees for preparation of the record of appeal on grounds of poverty.
Ratio Decidendi
The court found that the applicant should be allowed to file the notice of appeal out of time, deeming the already filed notice as duly filed and served, thus regularizing the intended first appeal. However, the court declined to waive the court fees for preparation of the record of appeal, as there was no material evidence to support the applicant's claim of pauperism or that imprisonment had rendered him indigent. Instead, the applicant was ordered to deposit Ksh. 15,000 for the preparation of the record of appeal.
Court Disposition
Application partly allowed.
Orders
- Applicant granted leave to file notice of appeal out of time; notice of appeal as filed deemed duly filed and served.
- Applicant to deposit Ksh. 15,000 into court for preparation of the record of appeal; waiver of court fees declined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CR. APPL. NO. 51 OF 2018
(CORAM: R. E. ABURILI - J.)
ERICK ODUOR.....................APPLICANT
VERSUS
REPUBLIC.........................RESPONDENT
RULING ON APPLICATION
I have considered the application under Rule 113 of the Court of Appeal Rulesand the leave sought to appeal out of time as a poor person.
I allow the Applicant to file Notice of Appeal out of time and the Notice of Appeal as filed to be deemed to be duly filed and served, thus being an intended first appeal.
On whether the Court should waive court fees for preparation of the record of Appeal, I order the Appellant to deposit into Court a sum of Ksh. 15,000/= (fifteen thousand Kenya Shillings only for purposes of preparation of the records of appeal, as there is no material to suggest that he is a pauper and that imprisonment has made him poor.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE