[2022] KEHC 1694 (KLR)
The court dismissed the application on the basis that the applicant failed to provide evidence of pauperism, the supporting affidavit was not commissioned as required by law, and there was no explanation for the delay in filing the application. These procedural and substantive deficiencies rendered the application...
Source-derived case information.
- Citation
- [2022] KEHC 1694 (KLR)
- Parties
- Applicant: Benard Omondi Mumbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave/relief Post Conviction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauperism, Uncommissioned Affidavit, Delay in Filing, Post Conviction Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Omondi Mumbo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave/relief Post Conviction
Legal Issues
- 1 Whether the applicant demonstrated pauperism to warrant the relief sought.
- 2 Whether the supporting affidavit was properly commissioned as required by law.
- 3 Whether the applicant explained the delay in filing the application.
Ratio Decidendi
The court dismissed the application on the basis that the applicant failed to provide evidence of pauperism, the supporting affidavit was not commissioned as required by law, and there was no explanation for the delay in filing the application. These procedural and substantive deficiencies rendered the application devoid of merit and substance, justifying its dismissal.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed for want of substance.
- File closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E021 OF 2022
CORAM: HON. R.E. ABURILI, J
BENARD OMONDI MUMBO.....................................................APPLICANT
VERSUS
REPUBLIC.................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Bondo in Criminal Case No. 691B of 2019)
RULING
1. I have considered the application filed on 2/3/2022.
2. I find no evidence of pauperism disclosed. The “affidavit” in support is not commissioned. The delay is not explained to the court. The application is declined and dismissed for want of substance.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE