[2018] KEHC 4644 (KLR)
The court found that the applicant failed to disclose sufficient cause for the delay in filing the Notice of Appeal as required by Rule 113 of the Court of Appeal Rules. There was no evidence presented to show that the applicant was indigent by virtue of his imprisonment, and no question of law was framed for...
Source-derived case information.
- Citation
- [2018] KEHC 4644 (KLR)
- Parties
- Applicant: Victor Okoth Adera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 37 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Notice of Appeal, Delay in Filing, Second Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Okoth Adera
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.
- 2 Whether the applicant qualifies for consideration as a poor convict due to imprisonment.
- 3 Whether there is a question of law for consideration by the Court of Appeal in the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to disclose sufficient cause for the delay in filing the Notice of Appeal as required by Rule 113 of the Court of Appeal Rules. There was no evidence presented to show that the applicant was indigent by virtue of his imprisonment, and no question of law was framed for consideration by the Court of Appeal in the intended second appeal. Consequently, the application for extension of time was dismissed, and the applicant was ordered to serve the lawful sentence imposed by the trial court.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant/convict to serve the lawful sentence imposed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CR. APPL. NO. 37 OF 2018
(CORAM: R. E. ABURILI - J.)
VICTOR OKOTH ADERA.............................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING ON APPLICATION
I have considered the applicant’s application under Rule 113 of the Court of Appeal Rulesintending to challenge the judgment of D.S. Majanja J dated 2nd February 2018 on appeal.
I find no sufficient cause disclosed for the delay in filing Notice of Appeal.
There is also no evidence that the convict is poor by virtue of his imprisonment.
There is further no question of law framed for consideration by the Court of Appeal in the intended second appeal.
In the premise, I hereby dismiss the application. The Applicant/Convict to serve the lawful sentence imposed.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE