[2020] KEHC 4447 (KLR)
The court found that the applicant failed to demonstrate any points of law for consideration as required under Rule 113 of the Court of Appeal Rules. There was also no evidence provided to support a claim of pauperism. The delay in bringing the application was deemed inordinate and unexplained. Consequently, the...
Source-derived case information.
- Citation
- [2020] KEHC 4447 (KLR)
- Parties
- Applicant: George Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 34 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Appeal Dismissal, Application for Leave, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for the grant of the application under Rule 113 of the Court of Appeal Rules.
- 2 Whether there are points of law for consideration to warrant leave to appeal.
- 3 Whether the delay in filing the application is excusable.
Ratio Decidendi
The court found that the applicant failed to demonstrate any points of law for consideration as required under Rule 113 of the Court of Appeal Rules. There was also no evidence provided to support a claim of pauperism. The delay in bringing the application was deemed inordinate and unexplained. Consequently, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 34 OF 2020
GEORGE ODHIAMBO.........APPLICANT
VERSUS
REPUBLIC.........................RESPONDENT
RULING
1. It is over one year since judgment sought to be impugned was delivered. The Applicant was convicted for the offence of defilement under Section 8(1) as read with Section 8(2) of the Sexual Offences Act. His appeal was dismissed.
2. There is no evidence of points of law for consideration under Rule 113 of the Court of Appeal Rules.
3. There is also no evidence of pauperism.
4. The delay is inordinate. The application is found to be devoid of merit.
5. The same is declined and dismissed.
6. File closed.
7. Orders accordingly.
Dated, signed and Delivered at Siaya this 7th Day of July 2020
R.E. ABURILI
JUDGE