[2022] KEHC 13893 (KLR)
The court found that the applicant failed to provide any reason for the inordinate delay of over one year and nine months in seeking leave to appeal out of time. The applicant was informed of his right to appeal at the time of sentencing but did not act within the prescribed period. Additionally, the applicant did...
Source-derived case information.
- Citation
- [2022] KEHC 13893 (KLR)
- Parties
- Applicant: Isaiah Otieno Okwiri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E081 of 2022
- Procedural Posture
- Miscellaneous Criminal 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, Murder Conviction, Sentencing Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Otieno Okwiri
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time and as a Pauper
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether the applicant qualifies for leave to appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide any reason for the inordinate delay of over one year and nine months in seeking leave to appeal out of time. The applicant was informed of his right to appeal at the time of sentencing but did not act within the prescribed period. Additionally, the applicant did not provide any evidence to support his claim of pauperism. The court exercised its discretion and determined that there was no merit in the application for leave to appeal out of time or as a pauper. Consequently, both applications were dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The application for leave to appeal as a pauper is dismissed.
Full Case Text
Judgment text and source record
28 paragraphs
Okwiri v Republic (Miscellaneous Criminal Application E081 of 2022) [2022] KEHC 13893 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13893 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E081 of 2022
RE Aburili, J
October 11, 2022
Between
Isaiah Otieno Okwiri
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence in the Siaya HC Criminal Case No. 19 of 2018 delivered on 30. 11. 2020 and sentence passed on 19. 1.2021)
Ruling
1. The applicant is Isaiah Otieno Okwiri. He is the convict in Siaya HC Cr. Case No. 19/2018 wherein he was charged, tried and convicted for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide judgment rendered on 30/11/2020 and sentence passed on 19/1/2021. He was sentenced to serve 40 years imprisonment.
2. On 4/8/2022, he filed an application seeking leave of court to file an appeal out of time and for leave to appeal as a pauper.
3. I have considered the application and affidavit in support. It is over 1 year and 9 months since the applicant was convicted and sentenced for the gruesome murder of the deceased Mary Anyango Oluoch.
4. This court had the power to sentence the accused to death. I exercised discretion and gave him a term sentence.
5. There is no reason advanced for the inordinate delay.
6. In addition, in the sentence passed, I clearly stated to the accused that he had a right of appeal which he should have exercised. The accused’s co-accused in HCR 31/2012 at Kisumu in Republic Vs Benard Otieno Okello was sentenced to death on 24/9/2014.
7. The accused herein had escaped and was only arrested after 6 years following the murder of the deceased.
8. Benard Otieno Okello appealed to the Court of Appeal vide Court of Appeal CRA 205/2014 which appeal against conviction was dismissed on 31/1/2020. However, the Court of Appeal comprising M. Koome, F. Sichale & Ole Kantai JJA substituted the death sentence of 30 years imprisonment from the date of conviction.
9. That being the case, I find no merit in this application.
10. Furthermore, there is no evidence of pauperism.
11. The twin applications are hereby dismissed.
12. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE