[2022] KEHC 2289 (KLR)
The court found that the applicants failed to provide any reason for the delay in seeking leave to appeal and did not present any evidence of pauperism to justify waiver of court fees. Furthermore, the application was not supported by a sworn affidavit as required by law. Consequently, the application was found to...
Source-derived case information.
- Citation
- [2022] KEHC 2289 (KLR)
- Parties
- Applicant: Justin Otieno Adala; Applicant: Fredrick Omondi Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal and Waiver of Court Fees
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Waiver of Court Fees, Criminal Conviction, Murder Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justin Otieno Adala
Applicant
Fredrick Omondi Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal and Waiver of Court Fees
Legal Issues
- 1 Whether the applicants have provided sufficient reason for delay in seeking leave to appeal.
- 2 Whether the applicants have demonstrated pauperism to warrant waiver of court fees.
- 3 Whether the application is properly supported as required by law.
Ratio Decidendi
The court found that the applicants failed to provide any reason for the delay in seeking leave to appeal and did not present any evidence of pauperism to justify waiver of court fees. Furthermore, the application was not supported by a sworn affidavit as required by law. Consequently, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal and waiver of court fees is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E005 OF 2022
CORAM: HON. R.E. ABURILI, J
JUSTIN OTIENO ADALA......................1ST APPLICANT
FREDRICK OMONDI ONYANGO......2ND APPLICANT
VERSUS
REPUBLIC..................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya in Criminal Case No. 5 of 2020 in HCR Case No. 5 of 2020)
RULING
1. On 16/11/2021, the applicants herein Justin Otieno Adala and Fredrick Omondi Onyango were sentenced to serve 20 years imprisonment upon being convicted of the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The Right of appeal was explained.
2. The applicants seek leave to appeal and for waiver of court fees under Rule 113 of the Court of Appeal Rules.
3. I have considered the application. I find no reason given for the delay and there is no evidence of pauperism.
4. The application is found to be devoid of merit as it is not even supported by any sworn affidavit.
5. The application is hereby dismissed. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE