[2018] KEHC 2681 (KLR)
The court found that the applicant failed to provide any reason for the delay in filing the application for leave to appeal out of time. The applicant also did not demonstrate pauperism, as mere incarceration is not evidence of indigence. Furthermore, the application did not disclose any points of law upon which the...
Source-derived case information.
- Citation
- [2018] KEHC 2681 (KLR)
- Parties
- Applicant: Evans Odhiambo Mwanja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 39 of 2018
- Procedural Posture
- Miscellaneous 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, Pauperism, Grounds of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Odhiambo Mwanja
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for delay in filing the appeal out of time.
- 2 Whether the applicant has demonstrated pauperism to warrant special consideration.
- 3 Whether the application discloses any points of law for the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to provide any reason for the delay in filing the application for leave to appeal out of time. The applicant also did not demonstrate pauperism, as mere incarceration is not evidence of indigence. Furthermore, the application did not disclose any points of law upon which the intended second appeal would be based. Consequently, the application was found to lack merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application as filed is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL NO. 39 OF 2018
(CORAM: R. E. ABURILI - J.)
EVANS ODHIAMBO MWANJA..............................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Being an Appeal against the sentence dated 21/12/2016 in Criminal Case No. 96 of 2016 at BONDO Law Courts, PM’s Court)
And
(A Subsequent Judgment that was made on 19/4/2018 in Criminal Appeal No. 1 of 2017 at Siaya High Court before Hon. Lady Justice T.W. Cherere, Judge)
RULING
I have perused the application and affidavit sworn by the applicant convict and filed on 3/7/2018. The Judgment sought to be challenged was delivered on 19/4/2018.
There is no reason given for the delay and no material is placed before this court to demonstrate that the application is a pauper. Being in prison is not evidence of pauperism. In addition, there are no grounds showing points of law upon which the intended second appeal would be premises.
In the circumstances, I find the application as filed lacked in merit. The same are hereby dismissed and file is closed.
Dated, Signed and Delivered at SIAYA this 31st Day of October 2018.
R.E. ABURILI
JUDGE