[2018] KEHC 65 (KLR)
The court found that the applicant failed to provide any material to support the inordinate delay in filing the notice of appeal and did not demonstrate pauperism. Furthermore, the applicant did not frame any point or question of law to show the arguability of the intended second appeal. As a result, the court...
Source-derived case information.
- Citation
- [2018] KEHC 65 (KLR)
- Parties
- Applicant: Peter Obare Amara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 42 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- applications dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Delay in Filing, Pauperism, Second Appeal, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Obare Amara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the notice of appeal.
- 2 Whether there is material to support the applicant's claim of pauperism.
- 3 Whether the intended second appeal raises any arguable point of law.
Ratio Decidendi
The court found that the applicant failed to provide any material to support the inordinate delay in filing the notice of appeal and did not demonstrate pauperism. Furthermore, the applicant did not frame any point or question of law to show the arguability of the intended second appeal. As a result, the court dismissed the applications for extension of time to appeal and for leave to appeal as a pauper, holding that the applicant had not met the legal threshold required for such relief.
Court Disposition
applications dismissed
Orders
- The applications dated 16th March 2018 and 26th February 2018 are dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 42 OF 2018
(CORAM: HON. R.E. ABURILI - J)
PETER OBARE AMARA...........................................APPLICANT
VERSUS
REPUBLIC...............................................................RESPONDENT
(From Original Conviction Cr. Case No. 320 of 2015 at Principal Magistrate’s Court,
Siaya and Criminal Appeal No. 115 of 2018)
RULING
1. The Applicant/Convict’s appeal was dismissed on 19/2/2018 vide a judgment signed by Majanja J. and delivered by T. Cherere J. on 19/2/2018 in HCCRA No. 115 of 2016.
2. There is no reason why the Applicant never filed Notice of Appeal in time until 3rd July 2018.
3. There is no material to support the inordinate delay and to show his pauperism.
4. There is no point or question of Law framed to demonstrate arguability of the intended second appeal. The Applications dated 16th March 2018 and 26th February 2018 are hereby dismissed.
Dated, signed and Delivered at Siaya, this 24th Day of September 2018.
R.E. ABURILI
JUDGE