[2018] KEHC 4621 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for not filing the Notice of Appeal within the prescribed period. The court further held that lawful incarceration does not automatically render an applicant indigent or entitled to a waiver of court fees. Additionally, the applicant did not...
Source-derived case information.
- Citation
- [2018] KEHC 4621 (KLR)
- Parties
- Applicant: John Ochichi Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 31 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time and Waiver of Court Fees
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Appeals Process, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Ochichi Okoth
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time and Waiver of Court Fees
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for failure to file Notice of Appeal within the stipulated time.
- 2 Whether lawful incarceration constitutes sufficient grounds for waiver of court fees.
- 3 Whether the intended second appeal raises any question of law proper for determination by the Court of Appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for not filing the Notice of Appeal within the prescribed period. The court further held that lawful incarceration does not automatically render an applicant indigent or entitled to a waiver of court fees. Additionally, the applicant did not show that the intended second appeal raised any question of law proper for determination by the Court of Appeal. Consequently, the application for leave to file the Notice of Appeal out of time and for waiver of court fees was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for leave to file Notice of Appeal out of time and for waiver of court fees is dismissed.
- The convict to serve the sentence as meted out and upheld by the High Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CR. APPL. NO. 31 OF 2018
(CORAM: R. E. ABURILI - J.)
JOHN OCHICHI OKOTH................................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
RULING ON APPLICATION
The Applicant/Convict, John Ochichi Okothwas charged with the offence of defilement contrary to Section 8(1) and (2) of the PenalCode before Siaya PM’s Court. He pleaded not guilty, was tried and convicted on 11th December 2013 and sentenced to serve life imprisonment.
The victim of the offence, was a child aged 3 years. She is V.A. dissatisfied with the conviction and sentence imposed by Hon. M.S. Kimani, RM, the convict appealed vide Siaya HCCRA 17/2016 and on 19th February 2018, Hon. T.W. Cherere J delivered a judgment on behalf of Hon. D.S. Majanja J who heard the appeal. The learned Judge dismissed the appeal and confirmed the conviction and upheld the life sentence imposed by the trial court.
He now wishes to challenge the decision of this Court on appeal, to the Court of Appeal.
He has filed an application for leave to file Notice of Appeal out of time and for waiver of court fees.
I have considered the application and the grounds together with the deposition by the applicant. I am not satisfied that the applicant has given sufficient cause why he did not file Notice of Appeal within the stipulated time. In addition, lawful incarceration does not necessarily render one poor. The intended appeal is a second appeal and the applicant has not demonstrated that there is any question of law proper for determination by the Court of Appeal.
In this premises, I find the application wanting in merit. I dismiss the same.
The convict to serve sentence meted out on him and as upheld by the High Court.
Dated, Signed and Delivered at SIAYA this 31st day of July 2018.
R.E. ABURILI
JUDGE