[2022] KEHC 2493 (KLR)
The court found that the applicants failed to provide any explanation for the delay in filing their appeal after conviction and sentencing. Furthermore, there was no evidence to support their claim of pauperism, as the first applicant had engaged a paid advocate during trial and was supported by family, while the...
Source-derived case information.
- Citation
- [2022] KEHC 2493 (KLR)
- Parties
- Applicant: Kevin Otieno Ogejo; Applicant: Kevin Otieno Onjiko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and as Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Appeals, Conviction and Sentence, Delay in Filing Appeal
- 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
Kevin Otieno Ogejo
Applicant
Kevin Otieno Onjiko
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and as Pauper
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing the appeal out of time.
- 2 Whether the applicants qualify to appeal as paupers.
Ratio Decidendi
The court found that the applicants failed to provide any explanation for the delay in filing their appeal after conviction and sentencing. Furthermore, there was no evidence to support their claim of pauperism, as the first applicant had engaged a paid advocate during trial and was supported by family, while the second applicant had the benefit of a probono advocate. The court concluded that the application lacked merit on both grounds and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for leave to file appeal out of time and as paupers is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E006 OF 2022
CORAM: HON. R.E. ABURILI, J
KEVIN OTIENO OGEJO.................1ST APPLICANT
KEVIN OTIENO ONJIKO.............2ND APPLICANT
VERSUS
REPUBLIC.........................................RESPONDENT
(Being an Application arising from conviction and
sentence of Siaya High Court in Criminal Case No. 7 of 2021)
RULING
1. I have considered the application filed on 20/1/2022 seeking leave to file appeal out of time and as a pauper.
2. There is no evidence of pauperism and no explanation is given for the delay in filing the appeal upon being convicted and sentenced on 13/11/2021.
3. In addition, the 1st applicant herein Kevin Otieno Ogejo during the trial had engaged a paid advocate and therefore the question of pauperism does not arise.
4. Similarly, the question of his family abandoning him is far-fetched as he was all along during his trial surrounded by supportive family members who paid an advocate to represent him and he kept telling the court that his vehicle was being held by the police.
5. The 2nd Applicant Kelvin Otieno Ogejo too was represented by a probono advocate. There is no reason why he did not appeal in time. I find the joint application not merited. It is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE