[2022] KEHC 11396 (KLR)
The court found that the applicant failed to provide any evidence of pauperism, such as a sworn affidavit, to support the application for leave to appeal as a pauper. In the absence of such evidence, the court declined to grant the orders sought and directed the applicant to pay for all documentation and preparation...
Source-derived case information.
- Citation
- [2022] KEHC 11396 (KLR)
- Parties
- Applicant: George Omwambo Olik; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E057 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
- Pauper Appeals, Leave to Appeal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Omwambo Olik
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 pauperism to warrant leave to appeal as a pauper.
- 2 Whether the court should grant leave to appeal as a pauper without evidence of indigence.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of pauperism, such as a sworn affidavit, to support the application for leave to appeal as a pauper. In the absence of such evidence, the court declined to grant the orders sought and directed the applicant to pay for all documentation and preparation of appeal records before they are prepared and submitted to the Court of Appeal. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal as a pauper is dismissed.
- The applicant is directed to pay for all documentation and preparation of appeal records before they are prepared and submitted to the Court of Appeal.
Full Case Text
Judgment text and source record
21 paragraphs
Olik v Republic (Miscellaneous Criminal Application E057 of 2022) [2022] KEHC 11396 (KLR) (27 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11396 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E057 of 2022
RE Aburili, J
May 27, 2022
Between
George Omwambo Olik
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of Siaya in HCCRC No. E012/2021)
Ruling
1. I have considered the application dated 17/5/2022 seeking leave of court to appeal as a pauper.
2. I find no evidence of pauperism in the form of a sworn affidavit.
3. I decline to grant orders sought and direct the applicant to pay for all the documentation and preparation of appeal records before they are prepared and submitted to the Court of Appeal.
4. The application is dismissed.
5. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF MAY, 2022R.E. ABURILIJUDGE