[2022] KEHC 3379 (KLR)
The court found that the applicant failed to provide any affidavit or evidence to support his claim of pauperism, thus not meeting the threshold for waiver of court fees. Furthermore, the applicant did not offer any explanation for the delay in filing the Notice of Appeal beyond the statutory 14-day period following...
Source-derived case information.
- Citation
- [2022] KEHC 3379 (KLR)
- Parties
- Applicant: Simon Oduor Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E049 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Waiver of Fees and Extension of Time to File Notice of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Appeal Procedure, Extension of Time, Waiver of Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Oduor Oloo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Waiver of Fees and Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for waiver of court fees due to pauperism.
- 2 Whether the applicant has demonstrated valid reasons for extension of time to file a Notice of Appeal out of time.
- 3 Whether the absence of a draft Memorandum of Appeal affects the application for extension of time.
Ratio Decidendi
The court found that the applicant failed to provide any affidavit or evidence to support his claim of pauperism, thus not meeting the threshold for waiver of court fees. Furthermore, the applicant did not offer any explanation for the delay in filing the Notice of Appeal beyond the statutory 14-day period following the judgment. The absence of a draft Memorandum of Appeal meant the court could not assess whether there were arguable points of law to be raised in the intended second appeal. Consequently, the application was found to lack merit and was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application for waiver of fees and extension of time to file Notice of Appeal is dismissed.
- File closed.
Full Case Text
Judgment text and source record
25 paragraphs
Oloo v Republic (Criminal Miscellaneous Application E049 of 2022) [2022] KEHC 3379 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEHC 3379 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E049 of 2022
RE Aburili, J
May 9, 2022
Between
Simon Oduor Oloo
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of Siaya in HCCRA No. E026/2021 and the Principal Magistrate’s Court at Siaya in Sexual Offence Case No. 68 of 2019)
Ruling
1. The applicant herein is a convict vide Siaya PM’s court Sexual Offence Case No. 19/2019. He was sentenced to serve life imprisonment upon his conviction for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.
2. Aggrieved by the conviction and sentence, the convict appealed to this court vide Siaya HCRA E026/2021 which appeal was heard and determined on 23/3/2022. This court upheld the conviction and sentence of the lower court and dismissed the appeal.
3. The convict has filed Notice of Appeal dated 28/3/2022 in his application filed on 27/4/2022, over one month after the judgment dismissing his appeal.
4. He now seeks for leave for waiver of fees and extension of time to file his Notice of Appeal.
5. I have considered the application and grounds. I do not find any plausible reason given for seeking waiver of fees as there is no affidavit on record to show evidence of pauperism.
6. Being convicted and sentenced lawfully does not render one a pauper. There is also no reason why a Notice of Appeal was not filed within 14 days of the day of judgment on 23/3/2022.
7. In addition, this being a second appeal intended to be filed, there is no draft Memorandum of appeal showing the points of law that the applicant intends to urge in the superior court.
8. I find the application devoid of any merit. The same is hereby dismissed.
9. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9THDAY OF MAY, 2022R.E. ABURILIJUDGE