REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA MISC. CR. APPLICATION NO. 44 OF 2018 (DEFILEMENT) (CORAM: R. E. ABURILI - J.) JAMES OOKO ODUOR.............................APPLICANT VERSUS REPUBLIC................................................RESPONDENT RULING On 2/2/2017, Hon. Majanja J delivered a judgment which dismissed the appeal filed by the applicant herein James Ooko Oduor vide HCCRA 81/2016 wherein the Appellant challenged his conviction and sentence for the offence of defilement by SRM Ukwala Hon. R.M. Oanda on 1/3/2016. It was alleged that he had defiled G.A, a child aged 15years on 15/1/2015 in Ugenya District of Siaya County by intentionally causing his penis to penetrate the vagina of G.A, a child aged 15 years. The learned Judge confirmed the conviction and sentence and dismissed the appeal. The Appellant / Applicant now seeks in these proceedings, leave to file appeal from the said judgment, out of time as a poor person under Rule 113(2) and (5) of the Court of Appeal Rules. I have considered the application dated 20/2/2018 and the grounds as per the supporting affidavit. I am not satisfied that there is sufficient cause or ground to grant leave to appeal out of time as a pauper and secondly, the intended appeal is a second appeal. No single ground or issue of law has been placed before this Court as being an issue or question of law proper for determination by the Court of Appeal. Finally, incarceration in itself does not render one a pauper, accordingly, the application is hereby dismissed. Dated, Signed and Delivered at SIAYA this 31ST DAY OF JULY 2018. R.E. ABURILI JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.