[2022] KEHC 2287 (KLR)
The court found that the applicant, having been convicted on his own plea of guilty, had not demonstrated any points of law to warrant the grant of leave to appeal or a waiver of court fees. Furthermore, the affidavit in support of the application was not commissioned, rendering it invalid. Consequently, there was...
Source-derived case information.
- Citation
- [2022] KEHC 2287 (KLR)
- Parties
- Applicant: Kevin Omondi Amoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E017 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave and Waiver of Court Fees
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Plea of Guilty, Leave to Appeal, Court Fees Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Omondi Amoo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave and Waiver of Court Fees
Legal Issues
- 1 Whether the applicant has demonstrated grounds for grant of leave to appeal and waiver of court fees.
- 2 Whether the supporting affidavit is valid and properly commissioned.
Ratio Decidendi
The court found that the applicant, having been convicted on his own plea of guilty, had not demonstrated any points of law to warrant the grant of leave to appeal or a waiver of court fees. Furthermore, the affidavit in support of the application was not commissioned, rendering it invalid. Consequently, there was no legal basis to grant the orders sought, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave and waiver of payment 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. E017 OF 2022
CORAM: HON. R.E. ABURILI, J
KEVIN OMONDI AMOO.................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the
High Court at Siaya in Criminal Case No. E013 of 2021)
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules. I find no ground upon which to grant leave and or waiver of payment of court fees for preparation of record of appeal.
2. The accused convict was convicted on his own Plea of guilty and sentenced in accordance with the Law. No points of law are demonstrated.
3. The purported ‘affidavit’ in support is not commissioned.
4. I decline to grant the application which is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE