Ng’ong’a v Republic [2022] KEHC 10358 (KLR)

Ng’ong’a v Republic (Miscellaneous Criminal Application E064 of 2022) [2022] KEHC 10358 (KLR) (20 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10358 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E064 of 2022

RE Aburili, J

June 20, 2022

Between

George Mukoya Ng’ong’a

Applicant

and

Republic

Respondent

(Being an Application arising from conviction and sentence of Siaya in HCCRC No. E017/2022)

Ruling

1. The applicant George Mukoya Ngong’a was convicted and sentenced to serve 30 years imprisonment for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. This was on 4/5/2022, vide HCR E017/2021. He has filed a Notice of appeal dated 9/5/2022 on 16/6/2022.

2. In his application dated 9/5/2022 which is unsupported by any sworn affidavit, he seeks leave to appeal out of time.

3. I note that the Notice of appeal was forwarded to court late by the prisons authorities at Kisumu Maximum Prison, although it was dated 9/5/2022.

4. The delay is not inordinate.

5. The time for lodging the Notice of appeal is hereby extended and the Notice of appeal filed on 16/6/2022 is deemed to be duly filed. The applicant to seek the Office of the Director of Public Prosecutions within 7 days of this order.

6. On the prayer for waiver of court fees for the preparation of the records to the Court of Appeal. I find no affidavit supporting the prayer on pauperism. I decline the prayer for want of evidence of pauperism and direct that the applicant shall pay into court any court fees required as shall be assessed, for supply of court proceedings and preparations of the records of appeal to the Court of Appeal.

7. The applicant to be notified forthwith.

8. I so order.

9. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF JUNE, 2022R.E. ABURILIJUDGE