[2022] KEHC 12187 (KLR)
The court found that the applicant failed to provide any material evidence to support the claim of pauperism, as no affidavit was sworn or filed with the application. Furthermore, the court noted that the intended second appeal did not disclose any points of law, which is a mandatory requirement for such appeals. In...
Source-derived case information.
- Citation
- [2022] KEHC 12187 (KLR)
- Parties
- Applicant: Lucas Ogutu Wata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E048 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Pauper Appeals, Second Appeal Requirements, Affidavit Evidence, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Ogutu Wata
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal as Pauper
Legal Issues
- 1 Whether the applicant has provided sufficient material to support pauperism for purposes of leave to appeal as a pauper.
- 2 Whether the intended second appeal discloses any points of law.
Ratio Decidendi
The court found that the applicant failed to provide any material evidence to support the claim of pauperism, as no affidavit was sworn or filed with the application. Furthermore, the court noted that the intended second appeal did not disclose any points of law, which is a mandatory requirement for such appeals. In the absence of both supporting evidence and points of law, the court declined to grant the orders sought and dismissed the application.
Court Disposition
application dismissed
Orders
- The application filed on April 27, 2022 is hereby dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Wata v Republic (Miscellaneous Criminal Application E048 of 2022) [2022] KEHC 12187 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEHC 12187 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E048 of 2022
RE Aburili, J
May 9, 2022
Between
Lucas Ogutu Wata
Applicant
and
Republic
Respondent
(An application arising from conviction and sentence of Siaya in HCCRA no 27/2021 and the Principal Magistrate’s Court at Bondo in Sexual Offence Case no E42 of 2021)
Ruling
1. I have considered the application under rule 113A of the Court of Appeal Rules.
2. There is no material to support alleged pauperism as no affidavit is sworn to accompany the application.
3. In addition, this being an intended second appeal, no points of law are disclosed.
4. I decline to grant the orders sought. The application filed on April 27, 2022 is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF MAY, 2022R E ABURILIJUDGE