[2018] KEHC 4631 (KLR)
The court exercised its discretion to allow the applicant's motion for extension of time to file an appeal, considering the applicant's incarceration and inability to raise funds. The court deemed the Notice of Appeal as duly filed and served within time without payment of court fees. However, the waiver of fees was...
Source-derived case information.
- Citation
- [2018] KEHC 4631 (KLR)
- Parties
- Applicant: Simon Ouma Nyakidi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 52 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- Application allowed in part.
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Appeal Procedure, Waiver of Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Ouma Nyakidi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal to the Court of Appeal.
- 2 Whether the applicant is entitled to waiver of appeal fees and costs for preparation of the record of appeal due to inability to pay.
Ratio Decidendi
The court exercised its discretion to allow the applicant's motion for extension of time to file an appeal, considering the applicant's incarceration and inability to raise funds. The court deemed the Notice of Appeal as duly filed and served within time without payment of court fees. However, the waiver of fees was not granted absolutely; the applicant was ordered to pay Kshs. 15,000 for preparation of the record of appeal. The decision balanced the applicant's right of access to justice with the need to meet reasonable court administrative costs.
Court Disposition
Application allowed in part.
Orders
- Notice of Appeal is deemed duly filed and served within time without payment of court fees.
- Applicant shall pay Kshs. 15,000 into court for preparation of the record of appeal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CR. APPL. NO. 52 OF 2018
(CORAM: R. E. ABURILI - J.)
SIMON OUMA NYAKIDI.......................APPLICANT
VERSUS
REPUBLIC...........................................RESPONDENT
RULING ON APPLICATION
On 19th April 2018, the applicant herein Simon Ouma Nyakidiwas convicted by Hon. Makau J of the offence of murder of Washington Otieno on 20th October 2012 at Mageta Island, Bondo District within Nyanza Province. He was sentenced to serve 40 (forty years imprisonment vide Siaya HCCR 17/2015.
On 3rd July 2018, he lodged this application and Notice of Appeal seeking leave for extension of time within which to file an appeal to the Court of Appeal. He also applies for waiver of appeal fees and money for preparation of record of appeal on account of inability to raise money due to his incarcerations among other reasons contained in the grounds and sworn affidavit.
I note that the intended appeal is second appeal which accommodates both law and facts. In the premises, I shall excuse my discretion and allow the motion to have the Notice of Appeal deemed to be duly filed and served within time; without payment of Court fees.
However, the waiver is not absolute. The Applicant shall pay into this Court Kshs. 15,000/= for preparation of the record of appeal.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE