[2020] KEHC 1340 (KLR)

[2020] KEHC 1340 (KLR)

The court found that the applicant failed to provide evidence of pauperism and did not raise any points of law that would merit consideration in a second appeal. Furthermore, the application was not supported by a sworn affidavit, rendering it procedurally defective. Consequently, the application was found to be...

Source-derived case information.

Citation
[2020] KEHC 1340 (KLR)
Parties
Applicant: Francis Owino Otieno; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E012 of 2020
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Pauper Appeals, Second Appeal, Affidavit Requirements
Source Language
en
Criminal Law Pauper Appeals Second Appeal Affidavit Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Francis Owino Otieno

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.
  3. 3 Whether the application is competent in the absence of a sworn affidavit.

Ratio Decidendi

The court found that the applicant failed to provide evidence of pauperism and did not raise any points of law that would merit consideration in a second appeal. Furthermore, the application was not supported by a sworn affidavit, rendering it procedurally defective. Consequently, the application was found to be devoid of merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • File closed.