[2022] KEHC 11736 (KLR)
The court found that the applicant failed to provide any affidavit or evidence to support his claim of pauperism. The fact that the applicant was represented by an advocate of his own choice and paid legal fees further undermined the claim of inability to pay court fees. Consequently, the application for waiver of...
Source-derived case information.
- Citation
- [2022] KEHC 11736 (KLR)
- Parties
- Applicant: Lucas Onyango Walo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Waiver of Court Fees on Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Court Fees Waiver, Pauperism, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Onyango Walo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Waiver of Court Fees on Appeal
Legal Issues
- 1 Whether the applicant is entitled to a waiver of court fees on appeal without evidence of pauperism.
- 2 Whether representation by an advocate and payment of legal fees precludes a finding of pauperism.
Ratio Decidendi
The court found that the applicant failed to provide any affidavit or evidence to support his claim of pauperism. The fact that the applicant was represented by an advocate of his own choice and paid legal fees further undermined the claim of inability to pay court fees. Consequently, the application for waiver of court fees was not supported and was dismissed. The applicant was ordered to pay for all court processes related to the appeal.
Court Disposition
application dismissed
Orders
- The application for waiver of court fees is dismissed.
- The applicant shall pay for all court processes.
Full Case Text
Judgment text and source record
22 paragraphs
Walo v Republic (Miscellaneous Criminal Application E047 of 2022) [2022] KEHC 11736 (KLR) (17 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11736 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E047 of 2022
RE Aburili, J
May 17, 2022
Between
Lucas Onyango Walo
Applicant
and
Republic
Respondent
((Being an Application arising from conviction and sentence of Siaya in HCCRC No.E005/2021)
Ruling
1. I have considered the application by the applicant convict in HCR E005/2021. The application is filed on 27/4/2022.
2. The application seeks for waiver of court fees on appeal. I have perused the application which is not supported by any affidavit of evidence of pauperism. The convict in this court was represented by an advocate of his own choice and he paid legal fees. After sentence was pronounced on 20/4/2022, he engaged a different advocate who has filed Notice of Appeal dated 27/4/2022.
3. I find this application not supported.
4. I decline to grant the orders sought and dismiss it. Let the applicant pay for all court processes.
5. Orders accordingly.
6. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MAY, 2022. ****R.E. ABURILI****JUDGE**