[2020] KEHC 4109 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the notice of appeal, provided no satisfactory explanation for the inordinate delay, and did not present any evidence of pauperism or arguable points of law for the intended appeal. Consequently, the application for...
Source-derived case information.
- Citation
- [2020] KEHC 4109 (KLR)
- Parties
- Applicant: Victor Ochieng Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 16 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Leave to Appeal, Notice of Appeal, Pauperism, Delay in Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Ochieng Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for the delay in filing the notice of appeal.
- 2 Whether there is evidence of pauperism or points of law to be relied upon in the intended appeal.
- 3 Whether the application for leave to appeal out of time is merited.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in filing the notice of appeal, provided no satisfactory explanation for the inordinate delay, and did not present any evidence of pauperism or arguable points of law for the intended appeal. Consequently, the application for leave to appeal out of time was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 16 OF 2019
VICTOR OCHIENG ONYANGO.................................................APPLICANT
VERSUS
REPUBLIC.............................................................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)
(From Original Criminal Case No. 226 of 2015 at SRM’s Court, Ukwala and against Judgment of the High Court of Kenya at Siaya in Criminal Appeal No. 103 of 2016 before Hon. Justice D.S. Majanja dated 8th July 2017)
RULING
1. I have considered the application by the convict Victor Ochieng Onyango who is serving 20 years imprisonment for the offence of defilement contrary to Section 8(1) as read with section 8 (3) of the Sexual Offences Act.
2. His appeal to the High Court was dismissed on 8/7/2017 which is over 2½ years ago. He claims that he filed a Notice of appeal which the Deputy Registrar has confirmed missing but there is no such evidence of filing of a Notice of appeal within time.
3. There is also no evidence of pauperism and there are no proven points of law to be relied on by the appellant in the intended appeal.
4. The application is filed with delay which is inordinate and with no satisfactory explanation. It is an afterthought.
5. I find no merit in the application as filed. The same is hereby dismissed.
6. Filed closed.
Orders accordingly.
Dated, signed and Delivered at Siaya this 16th Day of July, 2020
R.E. ABURILI
JUDGE