[2022] KEHC 13168 (KLR)

[2022] KEHC 13168 (KLR)

The court held that the applicant failed to demonstrate pauperism by way of affidavit or other evidence. Consequently, the court declined to grant leave to appeal as a pauper and instead ordered the applicant to deposit a minimal sum of Kshs 10,000 for preparation of the record of appeal. The absence of evidence of...

Source-derived case information.

Citation
[2022] KEHC 13168 (KLR)
Parties
Applicant: Chrispine Omondi Onyore; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E075 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper
Outcome
Application for leave to appeal as a pauper declined; applicant ordered to deposit Kshs 10,000 for record of appeal preparation.
Judges
RE Aburili
Legal Topics
Pauper Appeals, Leave to Appeal, Record of Appeal Preparation
Source Language
en
Criminal Law Pauper Appeals Leave to Appeal Record of Appeal Preparation

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Parties

Chrispine Omondi Onyore

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient evidence of pauperism to be granted leave to appeal as a pauper.
  2. 2 Whether the court should grant leave to prosecute the appeal without payment of fees.

Ratio Decidendi

The court held that the applicant failed to demonstrate pauperism by way of affidavit or other evidence. Consequently, the court declined to grant leave to appeal as a pauper and instead ordered the applicant to deposit a minimal sum of Kshs 10,000 for preparation of the record of appeal. The absence of evidence of indigence was determinative.

Court Disposition

Application for leave to appeal as a pauper declined; applicant ordered to deposit Kshs 10,000 for record of appeal preparation.

Orders

  • The applicant shall deposit into court Kshs 10,000 for preparation of a complete set of record of appeal.
  • File closed.