[2020] KEHC 3285 (KLR)
The court found that the applicant failed to provide a draft petition of appeal to demonstrate the points of law intended to be raised on appeal. Furthermore, the court held that being in prison does not, by itself, constitute sufficient evidence of pauperism to warrant leave to appeal as a poor person....
Source-derived case information.
- Citation
- [2020] KEHC 3285 (KLR)
- Parties
- Applicant: Kepha Otieno Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 51 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Poor Person and Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Leave to Appeal, Pauper Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kepha Otieno Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Poor Person and Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal as a poor person.
- 2 Whether the application for revision of sentence is merited in the absence of a draft petition of appeal.
Ratio Decidendi
The court found that the applicant failed to provide a draft petition of appeal to demonstrate the points of law intended to be raised on appeal. Furthermore, the court held that being in prison does not, by itself, constitute sufficient evidence of pauperism to warrant leave to appeal as a poor person. Consequently, the application lacked merit 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. 51 OF 2020
KEPHA OTIENO OCHIENG...........................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application for Revision of sentence in Criminal (SO) Case No. 29 of 2019 in the Principal Magistrate’s Court at Siaya) and HCCRA No. 62 of 2019 in the High Court at Siaya dated 20th July 2020 before Hon. Lady Justice R.E. Aburili, J)
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules. The intended appeal arises from dismissal of an appeal by this court in HCRA 62/2019.
2. It is therefore a second appeal. There is no draft Petition of Appeal to show what points of law the appellant intends to raise. In addition, being in prison is not evidence of pauperisms to warrant leave to appeal as a poor person.
3. I find the application not merited.
4. The same is dismissed.
5. Orders accordingly.
6. File closed.
Date, signed and Delivered at Siaya this 1st Day of September 2020.
R.E. ABURILI
JUDGE