[2018] KEHC 4669 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the Notice of Appeal after judgment was delivered. Additionally, the applicant did not provide evidence of poverty to qualify as a poor person under Rule 113 of the Court of Appeal Rules. Furthermore, no question of law...
Source-derived case information.
- Citation
- [2018] KEHC 4669 (KLR)
- Parties
- Applicant: Sylvester Okoth Oluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 38 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Brief, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvester Okoth Oluoch
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay in filing the Notice of Appeal after judgment.
- 2 Whether the applicant qualifies to appeal as a poor person under Rule 113 of the Court of Appeal Rules.
- 3 Whether any question of law has been framed for consideration by the Court of Appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the Notice of Appeal after judgment was delivered. Additionally, the applicant did not provide evidence of poverty to qualify as a poor person under Rule 113 of the Court of Appeal Rules. Furthermore, no question of law was framed for consideration by the appellate court. Consequently, the application for leave to appeal out of time as a poor person was dismissed, and the applicant was ordered to serve the lawful sentence imposed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time as a poor person is dismissed.
- The applicant to serve the lawful sentence meted out.
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. 38 OF 2018
(CORAM: R. E. ABURILI - J.)
SYLVESTER OKOTH OLUOCH ................................. APPLICANT
VERSUS
REPUBLIC .................................................................. RESPONDENT
RULING ON APPLICATION
I have considered the applicant/convict’s application for leave to appeal out of time as a poor person under Rule 113 of the Court of Appeal Rules.Judgment was delivered on 20th April 2018.
There was no sufficient cause shown for the delay in filing Notice of Appeal after the judgment was read.
There is no evidence that the applicant is poor by virtue of his lawful incarceration and no single question of law has been framed for consideration by the Court of Appeal in the intended second appeal.
In the premise, I dismiss the application as presented.
The Applicant/Convict to serve the lawful sentence meted out.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE