[2022] KEHC 10358 (KLR)
The court found that the delay in filing the notice of appeal was not inordinate and was occasioned by the late forwarding of the notice by prison authorities. Therefore, the court exercised its discretion to extend the time for lodging the notice of appeal and deemed the notice filed on 16/6/2022 as duly filed....
Source-derived case information.
- Citation
- [2022] KEHC 10358 (KLR)
- Parties
- Applicant: George Mukoya Ng'ong'a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E064 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application for extension of time to file notice of appeal allowed; application for waiver of court fees declined.
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Notice of Appeal, Pauper Brief, Court Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mukoya Ng'ong'a
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file a notice of appeal out of time.
- 2 Whether the applicant is entitled to a waiver of court fees on grounds of pauperism.
Ratio Decidendi
The court found that the delay in filing the notice of appeal was not inordinate and was occasioned by the late forwarding of the notice by prison authorities. Therefore, the court exercised its discretion to extend the time for lodging the notice of appeal and deemed the notice filed on 16/6/2022 as duly filed. However, the applicant's request for waiver of court fees was declined due to lack of evidence of pauperism, as no supporting affidavit was provided. The applicant was directed to pay the requisite court fees for the preparation and supply of the record of appeal.
Court Disposition
Application for extension of time to file notice of appeal allowed; application for waiver of court fees declined.
Orders
- Time for lodging the notice of appeal is extended and the notice filed on 16/6/2022 is deemed duly filed.
- Applicant to seek the Office of the Director of Public Prosecutions within 7 days of this order.
Full Case Text
Judgment text and source record
25 paragraphs
Ng’ong’a v Republic (Miscellaneous Criminal Application E064 of 2022) [2022] KEHC 10358 (KLR) (20 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10358 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E064 of 2022
RE Aburili, J
June 20, 2022
Between
George Mukoya Ng’ong’a
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of Siaya in HCCRC No. E017/2022)
Ruling
1. The applicant George Mukoya Ngong’a was convicted and sentenced to serve 30 years imprisonment for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. This was on 4/5/2022, vide HCR E017/2021. He has filed a Notice of appeal dated 9/5/2022 on 16/6/2022.
2. In his application dated 9/5/2022 which is unsupported by any sworn affidavit, he seeks leave to appeal out of time.
3. I note that the Notice of appeal was forwarded to court late by the prisons authorities at Kisumu Maximum Prison, although it was dated 9/5/2022.
4. The delay is not inordinate.
5. The time for lodging the Notice of appeal is hereby extended and the Notice of appeal filed on 16/6/2022 is deemed to be duly filed. The applicant to seek the Office of the Director of Public Prosecutions within 7 days of this order.
6. On the prayer for waiver of court fees for the preparation of the records to the Court of Appeal. I find no affidavit supporting the prayer on pauperism. I decline the prayer for want of evidence of pauperism and direct that the applicant shall pay into court any court fees required as shall be assessed, for supply of court proceedings and preparations of the records of appeal to the Court of Appeal.
7. The applicant to be notified forthwith.
8. I so order.
9. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF JUNE, 2022R.E. ABURILIJUDGE