[2020] KEHC 1527 (KLR)
The court found that the applicants failed to provide evidence of pauperism or to raise any points of law warranting consideration on a second appeal. Furthermore, the absence of a sworn affidavit meant that the application was unsupported by evidence. Consequently, the application did not meet the threshold...
Source-derived case information.
- Citation
- [2020] KEHC 1527 (KLR)
- Parties
- Applicant: Kennedy Odhiambo Onyango; Applicant: Daniel Otieno Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauperism, Second Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Odhiambo Onyango
Applicant
Daniel Otieno Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicants have demonstrated pauperism to warrant grant of the application.
- 2 Whether there are points of law on a second appeal for consideration by the court.
- 3 Whether the absence of a sworn affidavit affects the application.
Ratio Decidendi
The court found that the applicants failed to provide evidence of pauperism or to raise any points of law warranting consideration on a second appeal. Furthermore, the absence of a sworn affidavit meant that the application was unsupported by evidence. Consequently, the application did not meet the threshold required under Rule 113 of the Court of Appeal Rules and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E010 OF 2020
CORAM: HON. R.E. ABURILI J
KENNEDY ODHIAMBO ONYANGO............1ST APPLICANT
DANIEL OTIENO OLOO...............................2ND APPLICANT
VERSUS
REPUBLIC..........................................................RESPONDENT
RULING
1. I have considered the Application under Rule 113 of Court of Appeal Rules.
2. I find no evidence of pauperism or points of law on a second appeal for consideration. There is no sworn affidavit.
3. The Application is hereby dismissed.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 16th Day of November, 2020
R.E. ABURILI
JUDGE