[2020] KEHC 4458 (KLR)

[2020] KEHC 4458 (KLR)

The court found that the application was filed more than six months after the date of judgment, with no evidence provided to show that the applicant was a pauper. Furthermore, the court determined that no issues of law were disclosed to warrant the grant of leave under Rule 113 of the Court of Appeal Rules....

Source-derived case information.

Citation
[2020] KEHC 4458 (KLR)
Parties
Applicant: Kennedy Otieno Odhiambo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 35 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Leave to Appeal, Court of Appeal Rules, Late Filing, Pauper Status
Source Language
en
Criminal Law Leave to Appeal Court of Appeal Rules Late Filing Pauper Status

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kennedy Otieno Odhiambo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to leave to appeal under Rule 113 of the Court of Appeal Rules.
  2. 2 Whether the application is time-barred due to late filing.
  3. 3 Whether the applicant qualifies as a pauper for the purposes of the application.

Ratio Decidendi

The court found that the application was filed more than six months after the date of judgment, with no evidence provided to show that the applicant was a pauper. Furthermore, the court determined that no issues of law were disclosed to warrant the grant of leave under Rule 113 of the Court of Appeal Rules. Consequently, the application was dismissed for want of merit.

Court Disposition

application dismissed

Orders

  • The application is dismissed for want of merit.