[2020] KEHC 4424 (KLR)
The court dismissed the application on the basis that it disclosed no points of law and the applicant failed to provide evidence of pauperism as required under Rule 113 of the Court of Appeal Rules. The absence of these essential elements rendered the application without merit, justifying its dismissal.
Source-derived case information.
- Citation
- [2020] KEHC 4424 (KLR)
- Parties
- Applicant: Stephen Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 37 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauperism, Court of Appeal Rules, Dismissal for Want of Merit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application discloses any points of law.
- 2 Whether the applicant has demonstrated evidence of pauperism.
Ratio Decidendi
The court dismissed the application on the basis that it disclosed no points of law and the applicant failed to provide evidence of pauperism as required under Rule 113 of the Court of Appeal Rules. The absence of these essential elements rendered the application without merit, justifying its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of merit.
- File closed.
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. 37 OF 2020
STEPHEN OTIENO...............................APPLICANT
VERSUS
REPUBLIC........................................RESPONDENT
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules.
2. No points of law are disclosed and no evidence of pauperism is shown.
3. Accordingly, the application is dismissed for want of merit.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 6th Day of July 2020
R.E. ABURILI
JUDGE