[2022] KEHC 13167 (KLR)
The court found that the applicant failed to demonstrate pauperism by way of affidavit or other sufficient evidence. As a result, the application for waiver of court fees was declined. The applicant was ordered to deposit Kshs 10,000 to cover the cost of preparing the record of appeal. The court emphasized that the...
Source-derived case information.
- Citation
- [2022] KEHC 13167 (KLR)
- Parties
- Applicant: Austine Otieno Odhiambo alias Wuod Othialo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E076 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Waiver of Court Fees on Appeal
- Outcome
- application for waiver of court fees declined; applicant ordered to deposit Kshs 10,000 for record of appeal preparation
- Judges
- RE Aburili
- Legal Topics
- Pauper Appeals, Court Fees Waiver, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austine Otieno Odhiambo alias Wuod Othialo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Waiver of Court Fees on Appeal
Legal Issues
- 1 Whether the applicant demonstrated pauperism to warrant waiver of court fees on appeal.
- 2 Whether the applicant is entitled to prosecute his appeal as a pauper.
Ratio Decidendi
The court found that the applicant failed to demonstrate pauperism by way of affidavit or other sufficient evidence. As a result, the application for waiver of court fees was declined. The applicant was ordered to deposit Kshs 10,000 to cover the cost of preparing the record of appeal. The court emphasized that the burden of proof lies on the applicant to show inability to pay, which was not discharged in this case.
Court Disposition
application for waiver of court fees declined; applicant ordered to deposit Kshs 10,000 for record of appeal preparation
Orders
- The applicant shall deposit into court Kshs 10,000 to cover the cost of preparing a complete set of record of appeal.
- Application for waiver of fees is declined.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E076 of 2022) [2022] KEHC 13167 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13167 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E076 of 2022
RE Aburili, J
September 23, 2022
Between
Austine Otieno Odhiambo alias Wuod Othialo
Applicant
and
Republic
Respondent
(Being an Application for waiver of court fees on appeal arising from Judgment, conviction and sentence at Siaya High Court in Siaya HCRCC No. E028 of 2021 on 30/6/2022)
Ruling
1. The applicant convict seeks leave of court to prosecute his appeal to the Court of Appeal as a pauper. However, I find no pauperism demonstrated by way of an affidavit. I note that the applicant, filed notice of appeal on July 8, 2022, to file his appeal to the Court of Appeal from Siaya HCR E028/2021.
2. I order that the applicant shall deposit into court Kshs 10,000/= to cover the cost of preparing a complete set of record of appeal.
3. Application for waiver of fees is declined.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE