[2022] KEHC 3249 (KLR)
The court found that the application was fatally defective as it was not supported by any sworn affidavit deposing to pauperism or explaining the inordinate delay in filing the notice of appeal. The absence of such an affidavit meant that the applicant had not provided any material upon which the court could...
Source-derived case information.
- Citation
- [2022] KEHC 3249 (KLR)
- Parties
- Applicant: Stephen Otieno Sewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E068 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Pauperism, Affidavit Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Sewe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application for extension of time to file a notice of appeal should be granted in the absence of a sworn affidavit explaining pauperism or delay.
Ratio Decidendi
The court found that the application was fatally defective as it was not supported by any sworn affidavit deposing to pauperism or explaining the inordinate delay in filing the notice of appeal. The absence of such an affidavit meant that the applicant had not provided any material upon which the court could exercise its discretion to grant the orders sought. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Sewe v Republic (Miscellaneous Criminal Application E068 of 2022) [2022] KEHC 3249 (KLR) (27 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3249 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E068 of 2022
RE Aburili, J
June 27, 2022
Between
Stephen Otieno Sewe
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the High Court at Siaya in Criminal Appeal No. 7/2022)
Ruling
1. The Application as received by this court is not supported by any sworn affidavit deposing to alleged pauperism and or explaining the inordinate delay in filing Notice of appeal from 16/12/2020 when the Judgment in HCRA 7/2020 was rendered.
2. The application is hereby dismissed.
3. The file is closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JUNE, 2022R.E. ABURILIJUDGE