[2018] KEHC 4629 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in seeking leave to appeal out of time. Furthermore, the applicant did not provide any material evidence to support his claim of indigency as required for consideration as a poor person. Additionally, the applicant did not frame...
Source-derived case information.
- Citation
- [2018] KEHC 4629 (KLR)
- Parties
- Applicant: Kennedy Ochieng Ahuba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 45 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, Indigency and Poor Person Status, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ochieng Ahuba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for delay in filing the appeal out of time.
- 2 Whether the applicant qualifies as a poor person to be granted leave to appeal as such.
- 3 Whether any point of law has been raised to warrant leave to appeal out of time.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in seeking leave to appeal out of time. Furthermore, the applicant did not provide any material evidence to support his claim of indigency as required for consideration as a poor person. Additionally, the applicant did not frame any point or question of law for the Court of Appeal's consideration, which is a prerequisite for granting leave to appeal out of time in a second appeal. Consequently, the application was found to be without merit and was dismissed, with the applicant ordered to serve the lawful sentence previously imposed and upheld by the court.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The convict to serve the lawful sentence meted out and upheld by this Court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CR. APPL. NO. 45 OF 2018
(CORAM: R. E. ABURILI - J.)
KENNEDY OCHIENG AHUBA..............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 find no sufficient cause for the delay and more so, there is no material placed before the Court to demonstrate that the Convict is poor by reason of his lawful imprisonment.
In addition, no point or question of law has been framed for consideration by the Court of Appeal to warrant leave to appeal out of time in the intended second appeal.
Accordingly, I find the application not merited.
I dismiss the application. The Convict to serve lawful sentence meted out and upheld by this Court.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE