[2020] KEHC 4163 (KLR)
The court found that the application failed to disclose any points of law as required by Rule 113 of the Court of Appeal Rules, 2010. Additionally, the applicant did not provide any material to demonstrate pauperism. As both requirements were not satisfied, the application was found to be devoid of merit and was...
Source-derived case information.
- Citation
- [2020] KEHC 4163 (KLR)
- Parties
- Applicant: Paul Odhiambo Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 14 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application Under Rule 113 of the Court of Appeal Rules, 2010
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauper Appeals, Leave to Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Odhiambo Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application Under Rule 113 of the Court of Appeal Rules, 2010
Legal Issues
- 1 Whether the application discloses points of law as required under Rule 113 of the Court of Appeal Rules.
- 2 Whether there is sufficient material to demonstrate the applicant's pauperism.
Ratio Decidendi
The court found that the application failed to disclose any points of law as required by Rule 113 of the Court of Appeal Rules, 2010. Additionally, the applicant did not provide any material to demonstrate pauperism. As both requirements were not satisfied, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 14 OF 2020
PAUL ODHIAMBO ODHIAMBO..........................APPLICANT
VERSUS
REPUBLIC............................................................RESPONDENT
(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)
(From Original Criminal (SO) Case No. 31 of 2018 at PM’s Court, Bondo and against Judgment of the High Court of Kenya at Siaya in Criminal Appeal No. 5 of 2019)
RULING
1. I have considered the application filed on 2/3/2020.
2. I find no points of law disclosed as required under Rule 113 of the Court of Appeal Rules. In addition, there is no material to demonstrate the appellant’s pauperism.
3. I find the application devoid of merit.
4. The same is dismissed.
Dated, signed and Delivered at Siaya this 13th Day of July, 2020
R.E. ABURILI
JUDGE