[2022] KEHC 2688 (KLR)
The court found that the application for leave to appeal as a pauper was without merit and was brought after an inordinate and unexplained delay of nearly four years following conviction and sentence. The court held that such delay renders the application an afterthought and not deserving of the court's discretion....
Source-derived case information.
- Citation
- [2022] KEHC 2688 (KLR)
- Parties
- Applicant: Meshack Oduol Alara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal as Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Conviction, Leave to Appeal, Pauper Application, Inordinate Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Oduol Alara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal as Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to appeal as a pauper under Rule 113 of the Court of Appeal Rules.
- 2 Whether the application is merited in light of the delay in filing.
Ratio Decidendi
The court found that the application for leave to appeal as a pauper was without merit and was brought after an inordinate and unexplained delay of nearly four years following conviction and sentence. The court held that such delay renders the application an afterthought and not deserving of the court's discretion. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal as a pauper 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. E014 OF 2022
CORAM: HON. R.E. ABURILI, J
MESHACK ODUOL ALARA......................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court
at Siaya in Criminal Case No. 15 of 2016)
RULING
1. On 2/2/2018 the accused/convict/Applicant herein was convicted by Hon. J.A. Makau J for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He was sentenced to death.
2. The Applicant now wants leave to appeal under Rule 113 of the Court of Appeal Rulesand as a pauper.
3. I have considered the application. I find no merit in it. In addition, the application is brought after inordinate and unexplained delay of close to four years.
4. I find the application to be an afterthought. The same is hereby dismissed.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE