[2020] KEHC 1488 (KLR)

[2020] KEHC 1488 (KLR)

The court found that the applicant failed to provide any evidence of pauperism or points of law that would warrant consideration in a second appeal. Additionally, the application was not supported by a sworn affidavit as required. Consequently, the court declined and dismissed the application for leave to appeal as...

Source-derived case information.

Citation
[2020] KEHC 1488 (KLR)
Parties
Applicant: Ezekiel Onyango Aloo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E007 of 2020
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Pauper Appeals, Second Appeal, Court of Appeal Rules
Source Language
en
Criminal Law Pauper Appeals Second Appeal Court of Appeal Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ezekiel Onyango Aloo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant qualifies for leave to appeal as a pauper under Rule 113 of the Court of Appeal Rules.
  2. 2 Whether there are points of law meriting consideration in a second appeal.

Ratio Decidendi

The court found that the applicant failed to provide any evidence of pauperism or points of law that would warrant consideration in a second appeal. Additionally, the application was not supported by a sworn affidavit as required. Consequently, the court declined and dismissed the application for leave to appeal as a pauper.

Court Disposition

application dismissed

Orders

  • The application is declined and dismissed.
  • File closed.