[2018] KEHC 2688 (KLR)
The court found that the applicant failed to provide any reasons for the nearly two-year delay in filing the appeal, despite the proceedings and judgment being available. Furthermore, the applicant did not provide material evidence to support pauper status, as lawful incarceration alone does not constitute...
Source-derived case information.
- Citation
- [2018] KEHC 2688 (KLR)
- Parties
- Applicant: Maurice Ouma Wakangaru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 66 of 2018
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and as a Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Appeal, Grounds for Appeal, 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
Maurice Ouma Wakangaru
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and as a Pauper
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the delay in filing the appeal nearly two years after judgment.
- 2 Whether the applicant qualifies to file the appeal as a pauper under the law.
- 3 Whether the intended second appeal raises points of law as required.
Ratio Decidendi
The court found that the applicant failed to provide any reasons for the nearly two-year delay in filing the appeal, despite the proceedings and judgment being available. Furthermore, the applicant did not provide material evidence to support pauper status, as lawful incarceration alone does not constitute pauperism. The intended second appeal did not demonstrate any points of law that would warrant consideration. Consequently, the application was found to lack substance and was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to file appeal out of time and as a pauper is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HC. CR. MISC. APP. NO. 66 OF 2018
(CORAM: R. E. ABURILI - J.)
MAURICE OUMA WAKANGARUO..................APPLICANT
VERSUS
REPUBLIC......................................................RESPONDENT
(Being an Appeal against the sentence dated 23. 12. 2015 in Criminal Case No. 77
of 2015 at UKWALA Law Courts, before R.M. Oanda, RM)
And
(A Subsequent Judgment that was made on 25. 1.2017 in Criminal Appeal No. 1 of 2016
at Siaya High Court before Hon. Justice J.A. Makau, Judge)
RULING
I have perused the applications dated 7/9/2018. I note that the judgment sought to be challenged was delivered on 25th January 2017 by Hon. J.A. Makau J and it is now nearly 2 years without any challenge thereof. No reasons have been given to the delayed filing of the appeal as the proceedings and judgment are typed and on record.
In addition, there is no material to support the leave sought to file appeal as a pauper. Being lawfully incarcerated is not a ground of pauperism.
The intended second appeal can only be lie on points of law which are not demonstrated.
Accordingly, I find the application lacking in substance. The same is hereby dismissed.
The file is closed.
Dated, Signed and Delivered at SIAYA this 31st Day of October 2018.
R.E. ABURILI
JUDGE