[2022] KEHC 2250 (KLR)
The court found that the applicant's affidavit in support of the application was not commissioned, rendering it procedurally defective. Furthermore, the court determined that no sufficient grounds had been established to warrant the waiver of fees for the preparation of the record of appeal. Consequently, the...
Source-derived case information.
- Citation
- [2022] KEHC 2250 (KLR)
- Parties
- Applicant: John Ochieng Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Waiver of Fees
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Waiver of Fees, Record of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ochieng Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Waiver of Fees
Legal Issues
- 1 Whether the applicant is entitled to a waiver of fees for preparation of the record of appeal.
- 2 Whether an uncommissioned affidavit can support an application under Rule 113 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant's affidavit in support of the application was not commissioned, rendering it procedurally defective. Furthermore, the court determined that no sufficient grounds had been established to warrant the waiver of fees for the preparation of the record of appeal. Consequently, the application was dismissed for lack of merit and procedural compliance.
Court Disposition
application dismissed
Orders
- The application for waiver of fees for preparation of the record of appeal is dismissed.
- 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. E019 OF 2022
CORAM: HON. R.E. ABURILI, J
JOHN OCHIENG OCHIENG............................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya in Criminal Case No. E006 of 2020)
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules. The applicant’s ‘Affidavit’ in support is not commissioned.
2. I find no ground upon which to grant the prayers sought for waiver of fees of preparation of record of appeal. I decline the application and dismiss it.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE