Simon Ouma Nyakidi v Republic [2018] KEHC 4631 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CR. APPL. NO. 52 OF 2018

(CORAM: R. E. ABURILI - J.)

SIMON OUMA NYAKIDI.......................APPLICANT

VERSUS

REPUBLIC...........................................RESPONDENT

RULING ON APPLICATION

On 19th April 2018, the applicant herein Simon Ouma Nyakidiwas convicted by Hon. Makau J of the offence of murder of Washington Otieno on 20th October 2012 at Mageta Island, Bondo District within Nyanza Province.  He was sentenced to serve 40 (forty years imprisonment vide Siaya HCCR 17/2015.

On 3rd July 2018, he lodged this application and Notice of Appeal seeking leave for extension of time within which to file an appeal to the Court of Appeal.  He also applies for waiver of appeal fees and money for preparation of record of appeal on account of inability to raise money due to his incarcerations among other reasons contained in the grounds and sworn affidavit.

I note that the intended appeal is second appeal which accommodates both law and facts.  In the premises, I shall excuse my discretion and allow the motion to have the Notice of Appeal deemed to be duly filed and served within time; without payment of Court fees.

However, the waiver is not absolute.  The Applicant shall pay into this Court Kshs. 15,000/= for preparation of the record of appeal.

Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.

R.E. ABURILI

JUDGE