[2018] KEHC 4678 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the appeal, as required under Rule 113 of the Court of Appeal Rules. Additionally, the applicant did not frame any question of law for the Court of Appeal's consideration in the intended second appeal. The court...
Source-derived case information.
- Citation
- [2018] KEHC 4678 (KLR)
- Parties
- Applicant: Obadha Joseph Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 27 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Delay in Filing Appeal, Second Appeal, Incarceration Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obadha Joseph Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether sufficient cause was shown for the delay in filing the appeal.
- 2 Whether any question of law was raised for consideration in the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the appeal, as required under Rule 113 of the Court of Appeal Rules. Additionally, the applicant did not frame any question of law for the Court of Appeal's consideration in the intended second appeal. The court emphasized that mere incarceration and poverty, without more, do not constitute sufficient cause for delay. Consequently, the application for leave to appeal out of time was dismissed, and the applicant was ordered to serve the lawful sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The convict to serve the lawful sentence meted out.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CR. APPL. NO. 27 OF 2018
(CORAM: R. E. ABURILI - J.)
OBADHA JOSEPH OTIENO..........................................APPLICANT
VERSUS
REPUBLIC....................................................................RESPONDENT
RULING ON APPLICATION
I have considered the application under Rule 113 of the Court of Appeal Rulesand the affidavit shown by the convict/applicant.
I am not satisfied that the application deserves the orders sought.
There is no sufficient cause for the delay in filing of the Appeal and more so, there is material to show that the applicant is a poor person by virtue of his lawful incarceration.
Further, no single question of law is framed for consideration by the Court of Appeal in this intended second Appeal.
The application is dismissed. The convict to serve lawful sentence meted out.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE