[2020] KEHC 3427 (KLR)
The court found that the application did not disclose any points of law and that the applicant failed to provide evidence of pauperism as required under Rule 113 of the Court of Appeal Rules. Consequently, the application lacked merit and was dismissed.
Source-derived case information.
- Citation
- [2020] KEHC 3427 (KLR)
- Parties
- Applicant: Stephen Otieno Sewe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 36 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeals, Pauper Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Sewe
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application under Rule 113 of the Court of Appeal Rules discloses any points of law.
- 2 Whether the applicant has demonstrated evidence of pauperism.
Ratio Decidendi
The court found that the application did not disclose any points of law and that the applicant failed to provide evidence of pauperism as required under Rule 113 of the Court of Appeal Rules. Consequently, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of merit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 36 OF 2020
STEPHEN OTIENO SEWE............................................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
RULING
1. I have concluded the application under Rule 113 of the Court of Appeal Rules. I find no merit in the application.
2. No points of law are disclosed and no evidence of pauperism shown.
3. The application is dismissed for want of merit.
4. Orders accordingly.
Dated, signed and Delivered, this 6th Day of July 2020 at Siaya.
R.E. ABURILI
JUDGE