[2022] KEHC 16874 (KLR)

[2022] KEHC 16874 (KLR)

The court found that the applicant failed to provide any evidence of pauperism. As a result, the applicant is not entitled to exemption from payment of court fees for proceedings and preparation of the record of appeal. The court directed that the applicant must pay the requisite court fees, and the registry is to...

Source-derived case information.

Citation
[2022] KEHC 16874 (KLR)
Parties
Applicant: Silvester Odhiambo Ogutu Alias Opija; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E189 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
Outcome
Application for leave to appeal as a pauper declined; applicant to pay court fees.
Judges
RE Aburili
Legal Topics
Leave to Appeal, Pauper Proceedings, Court Fees, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Pauper Proceedings Court Fees Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Silvester Odhiambo Ogutu Alias Opija

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper

Legal Issues

  1. 1 Whether the applicant has established pauperism to warrant leave to appeal as a pauper.
  2. 2 Whether the applicant is entitled to free proceedings and record of appeal preparation.

Ratio Decidendi

The court found that the applicant failed to provide any evidence of pauperism. As a result, the applicant is not entitled to exemption from payment of court fees for proceedings and preparation of the record of appeal. The court directed that the applicant must pay the requisite court fees, and the registry is to assess and notify the applicant of the amount payable. The application for leave to appeal as a pauper was therefore not granted, and the file was ordered closed.

Court Disposition

Application for leave to appeal as a pauper declined; applicant to pay court fees.

Orders

  • The applicant to pay for court proceedings and judgment and for preparation of the record of appeal from HCR E010/2022.
  • The registry to assess the court fees payable and notify the applicant accordingly.