[2022] KEHC 602 (KLR)

[2022] KEHC 602 (KLR)

The court found that the application to appeal as a pauper was unsupported by any sworn affidavit or evidence demonstrating the applicant's inability to pay the requisite fees. In the absence of such supporting material, the court held that there were no grounds to allow the application. The court therefore declined...

Source-derived case information.

Citation
[2022] KEHC 602 (KLR)
Parties
Applicant: Jacob Oketch Omollo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E058 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Appeal as Pauper
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Pauper Appeals, Leave to Appeal, Court Fees, Criminal Procedure
Source Language
en
Criminal Law Pauper Appeals Leave to Appeal Court Fees Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jacob Oketch Omollo

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application to Appeal as Pauper

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal as a pauper without supporting affidavit.
  2. 2 Whether there are sufficient grounds to allow the application to appeal as a pauper.

Ratio Decidendi

The court found that the application to appeal as a pauper was unsupported by any sworn affidavit or evidence demonstrating the applicant's inability to pay the requisite fees. In the absence of such supporting material, the court held that there were no grounds to allow the application. The court therefore declined to grant leave to appeal as a pauper and directed the applicant to pay for all preparation, documentation, and filing of the records of appeal. The application was dismissed and the file closed.

Court Disposition

application dismissed

Orders

  • The application to appeal as a pauper is dismissed.
  • The applicant is directed to pay for all preparation, documentation, and filing of the records of appeal.