[2018] KEHC 4664 (KLR)
The court found that the applicant failed to demonstrate sufficient cause for the delay in seeking leave to appeal out of time. Additionally, the applicant did not provide any material evidence to support his claim of being a poor person entitled to appeal as a pauper. Furthermore, as this was an intended second...
Source-derived case information.
- Citation
- [2018] KEHC 4664 (KLR)
- Parties
- Applicant: William Amondi Odiga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 50 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time as a Poor Person (pauper) in Intended Second Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Pauper Appeal, Second Appeal Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Amondi Odiga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time as a Poor Person (pauper) in Intended Second Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay in filing the appeal out of time.
- 2 Whether the applicant qualifies to appeal as a poor person (pauper).
- 3 Whether there is a question of law to be determined in the intended second appeal.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient cause for the delay in seeking leave to appeal out of time. Additionally, the applicant did not provide any material evidence to support his claim of being a poor person entitled to appeal as a pauper. Furthermore, as this was an intended second appeal, the applicant failed to demonstrate the existence of a question of law for determination by the Court of Appeal. In the absence of these requirements, the application was dismissed and the applicant was ordered to serve his sentence as previously upheld by the High Court on appeal.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time as a poor person is dismissed.
- The applicant/convict to serve his sentence as upheld by the High Court on Appeal in HCCRA 152/2016.
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. 50 OF 2018
(CORAM: R. E. ABURILI - J.)
WILLIAM AMONDI ODIGA...............APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
RULING ON APPLICATION
UNDER RULE 113 OF THE COURT OF APPEAL RULES
I have considered the application for leave to appeal out of time as a poor man in this intended second appeal.
I find no sufficient cause for the delay and no material has been placed before the Court to show that the Convict is poor.
In addition, this being an intended second appeal, there is no demonstration of a single question of law for determination by the Court of Appeal.
In this premises, I dismiss the application. The Applicant/Convict to serve his sentence as upheld by the High Court on Appeal in HCCRA 152/2016.
Dated, Signed and Delivered at SIAYA this 31st day of July 2018.
R.E. ABURILI
JUDGE