[2022] KEHC 13738 (KLR)
The court found that the applicant, Stephen Onyango Okinja, failed to demonstrate evidence of pauperism or inability to pay the requisite court fees for certified copies of proceedings and judgment. Although the applicant filed his notice of appeal within time and sought to appeal as a pauper, the court held that...
Source-derived case information.
- Citation
- [2022] KEHC 13738 (KLR)
- Parties
- Applicant: Stephen Onyango Okinja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E074 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Pauper Appeal, Conviction and Sentence, Murder Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Onyango Okinja
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant demonstrated sufficient evidence of pauperism to warrant leave to appeal as a pauper.
- 2 Whether the applicant is entitled to free certified copies of proceedings and judgment for purposes of appeal.
Ratio Decidendi
The court found that the applicant, Stephen Onyango Okinja, failed to demonstrate evidence of pauperism or inability to pay the requisite court fees for certified copies of proceedings and judgment. Although the applicant filed his notice of appeal within time and sought to appeal as a pauper, the court held that the mere assertion of pauperism without supporting evidence is insufficient to grant such leave. Consequently, the court declined the application and ordered the applicant to pay for the certified copies and preparation of the record of appeal as assessed by the court.
Court Disposition
application dismissed
Orders
- The application for leave to appeal as a pauper is declined.
- The applicant shall pay for certified copies of proceedings and judgment and for the preparation of the record of appeal as assessed by the court.
Full Case Text
Judgment text and source record
20 paragraphs
Okinja v Republic (Miscellaneous Criminal Application E074 of 2022) [2022] KEHC 13738 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13738 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E074 of 2022
RE Aburili, J
October 11, 2022
Between
Stephen Onyango Okinja
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal as a pauper from the Judgment, conviction and sentence in Siaya HCR No. E022 of 2021 on 27. 6.2022)
Ruling
1. The applicant is Stephen Onyango Okinja. He was convicted by this court and sentenced to serve 50 years imprisonment on June 27, 2022 for the murder of the deceased Calvin Ochieng Madote.
2. He was informed of his right of appeal on being sentenced. He now seeks leave of court to appeal as a pauper. He filed notice of appeal on July 8, 2022 within time. I find no evidence of pauperism demonstrated.
3. I decline the request and order that the applicant pays for certified copies of proceedings and judgment and for the preparation of the record of appeal as shall be assessed by the court.
4. I so order. file closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE