[2022] KEHC 14815 (KLR)
The court found that the applicant failed to provide any satisfactory reason for the inordinate delay in seeking leave to appeal out of time. Additionally, there was no evidence presented to support the claim of pauperism. The application was therefore considered an afterthought and lacking in merit, leading to its...
Source-derived case information.
- Citation
- [2022] KEHC 14815 (KLR)
- Parties
- Applicant: George Omondi Owak; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E142 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Appeal, Murder Conviction, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Omondi Owak
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
- 2 Whether the applicant qualifies to file the appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to provide any satisfactory reason for the inordinate delay in seeking leave to appeal out of time. Additionally, there was no evidence presented to support the claim of pauperism. The application was therefore considered an afterthought and lacking in merit, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application for leave to file an appeal out of time is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owak v Republic (Miscellaneous Criminal Application E142 of 2022) [2022] KEHC 14815 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14815 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E142 of 2022
RE Aburili, J
November 1, 2022
Between
George Omondi Owak
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal from Siaya HCCRC E001/2020)
Ruling
1. On 26/1/2022 the appellant herein was sentenced to serve 25 years imprisonment upon being convicted for the offence of murder. He now seeks leave of court to file an appeal out of time as a pauper.
2. I find no reason given to the satisfaction of this court for the inordinate delay. There is also no evidence of pauperism.
3. The application is found to be an afterthought and devoid of any merit. It is hereby dismissed.
4. The file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE