[2020] KEHC 851 (KLR)
The court found that the applicants failed to provide evidence of pauperism because the affidavit in support of their application was not commissioned. Without a properly commissioned affidavit, the court could not consider the merits of the application for waiver of court fees. Consequently, the application was...
Source-derived case information.
- Citation
- [2020] KEHC 851 (KLR)
- Parties
- Applicant: Isaiah Otieno Sumba; Applicant: Joseph Opiyo Marende; Applicant: John Etyang Obwin; Applicant: Moses Omondi Ombok; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauperism Application, Affidavit Commissioning, Court Fees, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaiah Otieno Sumba
Applicant
Joseph Opiyo Marende
Applicant
John Etyang Obwin
Applicant
Moses Omondi Ombok
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicants have demonstrated pauperism to warrant waiver of court fees.
- 2 Whether the supporting affidavit is properly commissioned as required by law.
Ratio Decidendi
The court found that the applicants failed to provide evidence of pauperism because the affidavit in support of their application was not commissioned. Without a properly commissioned affidavit, the court could not consider the merits of the application for waiver of court fees. Consequently, the application was dismissed, and the applicants were directed to pay for any court process they intend to pursue, including the Notice of Appeal before admission.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Applicants to pay for any court process they intend to pursue including Notice of Appeal before admission.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E019 OF 2020
CORAM: HON. R.E. ABURILI J
ISAIAH OTIENO SUMBA............................................................................1ST APPLICANT
JOSEPH OPIYO MARENDE......................................................................2ND APPLICANT
JOHN ETYANG OBWIN..............................................................................3RD APPLICANT
MOSES OMONDI OMBOK.........................................................................4TH APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules. I find no evidence of pauperism as the purported affidavit in support is not commissioned.
2. I decline to grant the orders sought and dismiss the application. Applicants to pay for any court process they intend to pursue including Notice of Appeal before admission.
3. Order accordingly and file closed.
Dated, signed and Delivered at Siaya this 14th Day of December 2020
R.E. ABURILI
JUDGE