[2018] KEHC 4639 (KLR)
The court found that the applicant failed to provide material evidence demonstrating indigence or inability to pay court fees, and did not frame any proper question of law for determination by the Court of Appeal as required for a second appeal. The mere fact of lawful incarceration does not, by itself, establish...
Source-derived case information.
- Citation
- [2018] KEHC 4639 (KLR)
- Parties
- Applicant: Peter Njeru Ndwiga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 33 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Waiver of Court Fees and Leave to File Notice of Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Second Appeal, Waiver of Court Fees, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njeru Ndwiga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Waiver of Court Fees and Leave to File Notice of Appeal
Legal Issues
- 1 Whether the applicant is entitled to waiver of court fees for the intended second appeal.
- 2 Whether leave should be granted for the notice of appeal to be deemed duly filed.
- 3 Whether the applicant has demonstrated a proper question of law for determination on second appeal.
Ratio Decidendi
The court found that the applicant failed to provide material evidence demonstrating indigence or inability to pay court fees, and did not frame any proper question of law for determination by the Court of Appeal as required for a second appeal. The mere fact of lawful incarceration does not, by itself, establish poverty or entitlement to waiver of fees. Consequently, the application for waiver of court fees and leave to have the notice of appeal deemed duly filed was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The application for waiver of court fees and leave to have the notice of appeal deemed duly filed is dismissed for want of merit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CR. APPL. NO. 33 OF 2018
(CORAM: R. E. ABURILI - J.)
PETER NJERU NDWIGA.....................APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
RULING ON APPLICATION
The Applicant, Peter NjeruNdwiga was convicted of the offence of Robbery with Violence vide Siaya PM Cr. Case No. 48/2014. He was sentenced to life imprisonment.
He appealed vide Siaya HCCRA No. 56 of 2016 and on 19th April 2018 Hon. T.W. Cherere J dismissed his appeal and conviction affirmed and the sentence upheld.
He now wishes to try his hand on a second appeal. On 3rd July 2018 he filed Notice of Appeal and application for waiver of Court fees and leave to have the Notice of Appeal be deemed to be duly filed. He also seeks leave under Rule 113 of the Court of Appeal Rulesto be exempted from paying fees for preparation of the Record of Appeal.
I have considered the application and grounds set out therein. I am not satisfied that the application is merited.
There is no material to demonstrate that being incarcerated lawfully leads to poverty and more so, no question of law proper for determination by the Court of Appeal has been framed and placed before the Court, this being an intended second appeal which only allows challenge on points of law only.
Accordingly, the application is dismissed for want of merit.
Dated, Signed and Delivered at SIAYA this 31ST day of July 2018.
R.E. ABURILI
JUDGE