[2019] KEHC 2349 (KLR)
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the Notice of Appeal and that the memorandum of appeal did not raise any arguable points of law, as it challenged the trial court's decision rather than the High Court's. The application for leave to appeal out of...
Source-derived case information.
- Citation
- [2019] KEHC 2349 (KLR)
- Parties
- Appellant: Kerry Odhiambo Gwanda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 14 of 2019
- Procedural Posture
- Miscellaneous Criminal 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, Pauper Appeal, Defilement Offence, Notice of Appeal, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kerry Odhiambo Gwanda
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the Notice of Appeal out of time.
- 2 Whether there are arguable points of law to warrant grant of leave to appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide a satisfactory explanation for the delay in filing the Notice of Appeal and that the memorandum of appeal did not raise any arguable points of law, as it challenged the trial court's decision rather than the High Court's. The application for leave to appeal out of time and as a pauper was therefore without merit and dismissed.
Court Disposition
application dismissed
Orders
- The application dated 9.7.2019 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLEANOUS CRIMINAL APPLICATION CASE NO. 14 OF 2019
KERRY ODHIAMBO GWANDA............................APPELLANT
VERSUS
REPUBLIC..............................................................RESPONDENT
(Being an appeal against both the conviction and sentence dated
26. 3.2019 in Bondo PM CR C (S.O.) 119 of 2016 before Hon. E.N. Wasike – SRM)
RULING
1. The judgment of this Court was delivered on 26. 3.2019 dismissing the appellant’s appeal against conviction and sentence from original Bondo S.O. No. 119 of 2016. This was in Siaya High Court Criminal Appeal No. 82 of 2017. The Applicant herein did not file his Notice of Appeal within 7 days as required by law and instead filed an application for leave to file an appeal as a pauper and to file an appeal out of time.
2. I have considered his applications and the annexed Memorandum of Appeal which on the face of it challenges the decisions of the trial Court not of this Court. The delay in filing Notice of Appeal is not explained to the satisfaction of this Court and there are no points of law to be considered. He claims the trial Court, among others failed to appreciate that the evidence on record did not support the charge of Murder yet the record shows that he was convicted for the offence of defilement contrary to section 8(1) as read with Section 8(4) of the Sexual Offences Act.
3. I find no merit in the application dated 9. 7.2019. I dismiss the same.
4. File closed.
Dated, Signed and Delivered at Siaya this 11th day of November 2019.
R.E. ABURILI
JUDGE