[2022] KEHC 1695 (KLR)
The court declined the application for leave to appeal as a pauper because the applicant failed to provide any supporting affidavit or evidence to establish pauper status. The absence of grounds or proof of indigence meant the statutory and procedural requirements for pauper proceedings were not satisfied....
Source-derived case information.
- Citation
- [2022] KEHC 1695 (KLR)
- Parties
- Applicant: Michael Onyango Awich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E027 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Pauper Proceedings, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Onyango Awich
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to appeal as a pauper.
- 2 Whether the application meets the requirements for pauper status.
Ratio Decidendi
The court declined the application for leave to appeal as a pauper because the applicant failed to provide any supporting affidavit or evidence to establish pauper status. The absence of grounds or proof of indigence meant the statutory and procedural requirements for pauper proceedings were not satisfied. Consequently, the court ordered the applicant to deposit Kshs. 50,000 for the preparation of proceedings, judgment, and record of appeal, and denied the relief sought.
Court Disposition
application dismissed
Orders
- Leave to appeal as a pauper is declined.
- Applicant to deposit Kshs. 50,000 for proceedings, judgment, and record of appeal preparation.
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. E027 OF 2022
CORAM: HON. R.E. ABURILI, J
MICHAEL ONYANGO AWICH.....................................................................APPLICANT
VERSUS
REPUBLIC....................................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court
at Siaya in Criminal Case No. 12 of 2020)
RULING
1. The Applicant filed a Notice of Appeal within time. He now seeks for leave to appeal as a pauper. I find no grounds upon which to consider the applicant as a pauper. The application is not even supported by any sworn affidavit. I order that the applicant deposits into court Kshs. 50,000/= for proceedings, judgment and record of appeal preparation.
2. Leave sought is declined.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE