[2022] KEHC 13897 (KLR)
The court found that the applicant failed to demonstrate pauperism or indigence as required for the grant of leave to appeal as a pauper. The application for waiver of court fees was therefore dismissed. The applicant was directed to apply for certified copies of proceedings and pay the minimal assessed costs for...
Source-derived case information.
- Citation
- [2022] KEHC 13897 (KLR)
- Parties
- Applicant: Fredrick Onyango Sijenyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E101 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
- Pauper Appeals, Court Fees Waiver, Criminal Appeals
- 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
Fredrick Onyango Sijenyi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as a Pauper
Legal Issues
- 1 Whether the applicant demonstrated sufficient grounds of pauperism to warrant waiver of court fees for appeal.
- 2 Whether the applicant is entitled to leave to appeal as a pauper in a criminal matter.
Ratio Decidendi
The court found that the applicant failed to demonstrate pauperism or indigence as required for the grant of leave to appeal as a pauper. The application for waiver of court fees was therefore dismissed. The applicant was directed to apply for certified copies of proceedings and pay the minimal assessed costs for preparation of the record of appeal.
Court Disposition
Application dismissed.
Orders
- The application for leave to appeal as a pauper is declined and dismissed.
- The applicant to apply for certified copies of proceedings and pay for the same and for preparation of the record of appeal as assessed by the court.
Full Case Text
Judgment text and source record
22 paragraphs
Sijenyi v Republic (Miscellaneous Criminal Application E101 of 2022) [2022] KEHC 13897 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13897 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E101 of 2022
RE Aburili, J
October 12, 2022
Between
Fredrick Onyango Sijenyi
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal as a pauper in the Judgment, conviction and sentence in Siaya HCR No. E035 of 2022 on 17. 8.2022)
Ruling
1. The applicant was convicted and sentenced to serve 40 years in jail for the offence of murder in Siaya HCR E035/2022 on August 17, 2022. He filed a Notice of appeal on August 30, 2022. He now seeks waiver of court fees.
2. I have perused and considered the application filed on August 30, 2022.
3. I find no demonstration of pauperism.
4. I decline and dismiss the application. The applicant to apply for certified copies of proceedings and pay for the same and for preparation of the record of appeal which cost is minimal as shall be assessed by the court.
5. I so order.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE