[2022] KEHC 14831 (KLR)
The court held that the applicant failed to provide any evidence of pauperism to justify being granted leave to appeal as a pauper. In the absence of such evidence, the applicant is required to pay the necessary fees for the preparation and compilation of the record of appeal to the Court of Appeal. The application...
Source-derived case information.
- Citation
- [2022] KEHC 14831 (KLR)
- Parties
- Applicant: Daniel Mwembe Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E073 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, Murder Conviction, Court Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Mwembe Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal as a pauper without evidence of pauperism.
- 2 Whether the applicant should pay for the preparation and compilation of the record of appeal.
Ratio Decidendi
The court held that the applicant failed to provide any evidence of pauperism to justify being granted leave to appeal as a pauper. In the absence of such evidence, the applicant is required to pay the necessary fees for the preparation and compilation of the record of appeal to the Court of Appeal. The application to file an appeal as a pauper was therefore dismissed, and the applicant was directed to pay the requisite fees as assessed by the court.
Court Disposition
application dismissed
Orders
- The application to file an appeal as a pauper is dismissed.
- The applicant to pay for the preparation and compilation of the record of appeal to the Court of Appeal.
Full Case Text
Judgment text and source record
21 paragraphs
Oloo v Republic (Miscellaneous Criminal Application E073 of 2022) [2022] KEHC 14831 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14831 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E073 of 2022
RE Aburili, J
November 2, 2022
Between
Daniel Mwembe Oloo
Applicant
and
Republic
Respondent
((Being an Application for leave to file an appeal from Siaya HCCR No E027/2021))
Ruling
1. The applicant is the convict in Siaya HC CR E027 OF 2021 for the offence of murder. He seeks leave to appeal as a pauper but no evidence of pauperism is disclosed. The applicant to pay for the preparations and compiling of the record of appeal to the Court of Appeal as there is no evidence of pauperism demonstrated.
2. The court to assess the required fees and advise the applicant.
3. Application to file an appeal as a pauper is accordingly dismissed.
4. This file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE