[2022] KEHC 14025 (KLR)
The court found that the applicant failed to provide any evidence of pauperism to justify being granted leave to appeal as a pauper. The application was therefore declined, and the applicant was ordered to pay all charges required and assessed by the court for the preparation of the record of appeal, assuming a...
Source-derived case information.
- Citation
- [2022] KEHC 14025 (KLR)
- Parties
- Applicant: Stanley Musungu Ogombe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Petition Application E072 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal as a Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Pauper Proceedings, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Musungu Ogombe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant has demonstrated pauperism to warrant leave to appeal as a pauper.
- 2 Whether the applicant is entitled to file an appeal without payment of court charges.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of pauperism to justify being granted leave to appeal as a pauper. The application was therefore declined, and the applicant was ordered to pay all charges required and assessed by the court for the preparation of the record of appeal, assuming a valid notice of appeal had been filed. The court emphasized that the burden of proof for pauper status lies with the applicant, and in the absence of such evidence, the court cannot grant the relief sought.
Court Disposition
application dismissed
Orders
- The applicant shall pay into court all charges required and assessed for the preparation of the record of appeal, assuming a valid notice of appeal has been filed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ogombe v Republic (Miscellaneous Criminal Petition Application E072 of 2022) [2022] KEHC 14025 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14025 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Petition Application E072 of 2022
RE Aburili, J
October 12, 2022
Between
Stanley Musungu Ogombe
Applicant
and
Republic
Respondent
(Being an Application for leave to file an appeal under Rule 113 of Court of Appeal Rules in a Judgment, conviction and sentence in Siaya High Court Criminal Case No. E015 of 2021)
Ruling
1. On June 29, 2022, this court sentenced the convict/applicant herein to suffer death for the gruesome murder by beheading of an innocent child. The convict is back to court seeking for leave to appeal as a pauper.
2. I have considered the application filed on July 8, 2022 and the supporting affidavit. There is no evidence of pauperism demonstrated.
3. The convict, during the hearing, did not to testify. He was under no duty to do so.
4. The convict should pay into court all the charges that may be required and assessed by the court for the preparation of the record of appeal assuming he has filed a valid notice of appeal.
5. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE