[2020] KEHC 3761 (KLR)
The court found that the application was misconceived and lacked merit because the applicant failed to provide any material upon which the court could consider granting leave to appeal out of time or to allow prosecution of the appeal as a pauper. The affidavit was not commissioned, and there was no disclosure of...
Source-derived case information.
- Citation
- [2020] KEHC 3761 (KLR)
- Parties
- Applicant: Kevin Onyango Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 10 of 2020
- 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 Appeals, Criminal Procedure Code Section 349
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Onyango Odhiambo
Applicant
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 material to warrant leave to appeal out of time.
- 2 Whether the applicant is entitled to prosecute the intended appeal as a pauper.
Ratio Decidendi
The court found that the application was misconceived and lacked merit because the applicant failed to provide any material upon which the court could consider granting leave to appeal out of time or to allow prosecution of the appeal as a pauper. The affidavit was not commissioned, and there was no disclosure of the offence, sentence, or other relevant details. Consequently, the court dismissed the application for want of merit and closed the file.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of merit.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 10 OF 2020
KEVIN ONYANGO ODHIAMBO……..……….............................................APPLICANT
VERSUS
REPUBLIC………………….……...................................................…….…RESPONDENT
(Being an Application for leave to appeal out of time under section 349 of the Criminal Procedure Code from Original Criminal Case No. 40 of 2018 at SPM’s Court, Bondo in a judgment dated 30. 4.2019)
RULING
1. The applicant Kevin Onyango Odhiambo claims that he was convicted on 30. 4.2019 by Bondo PM’s Court for the offence of which is undisclosed and sentenced for a term which is not disclosed in the pleadings. He also claims that he wishes to appeal as a pauper and attached an affidavit which is not commissioned.
2. I have perused the application as presented and I find it misconceived and a waste of judicial time. There is no material upon which this court can consider an application to appeal out of time or to allow the applicant to file an appeal and prosecute it as a pauper.
3. The application is devoid of merit. The same is hereby dismissed.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 22nd Day of July, 2020
R.E. ABURILI
JUDGE