[2022] KEHC 11805 (KLR)
The court found that the applicant failed to provide any evidence of pauperism as required by Rule 113A of the Court of Appeal Rules. Without such evidence, the court could not grant leave to appeal as a pauper. The application was therefore dismissed.
Source-derived case information.
- Citation
- [2022] KEHC 11805 (KLR)
- Parties
- Applicant: Nicholas Wadhala Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E051 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 Proceedings, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Wadhala Okoth
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant qualifies to appeal as a pauper under Rule 113A of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of pauperism as required by Rule 113A of the Court of Appeal Rules. Without such evidence, the court could not grant leave to appeal as a pauper. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application to appeal as a pauper is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Okoth v Republic (Miscellaneous Criminal Application E051 of 2022) [2022] KEHC 11805 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11805 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E051 of 2022
RE Aburili, J
May 9, 2022
Between
Nicholas Wadhala Okoth
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application under Rule 113A of the Court of Appeal Rules for leave to appeal as a pauper.
2. I find no evidence of pauperism.
3. The application to appeal as a pauper is hereby dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF MAY, 2022R.E. ABURILIJUDGE