Ogombe v Republic [2022] KEHC 14025 (KLR)

Ogombe v Republic (Miscellaneous Criminal Petition Application E072 of 2022) [2022] KEHC 14025 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14025 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Petition Application E072 of 2022

RE Aburili, J

October 12, 2022

Between

Stanley Musungu Ogombe

Applicant

and

Republic

Respondent

(Being an Application for leave to file an appeal under Rule 113 of Court of Appeal Rules in a Judgment, conviction and sentence in Siaya High Court Criminal Case No. E015 of 2021)

Ruling

1. On June 29, 2022, this court sentenced the convict/applicant herein to suffer death for the gruesome murder by beheading of an innocent child. The convict is back to court seeking for leave to appeal as a pauper.

2. I have considered the application filed on July 8, 2022 and the supporting affidavit. There is no evidence of pauperism demonstrated.

3. The convict, during the hearing, did not to testify. He was under no duty to do so.

4. The convict should pay into court all the charges that may be required and assessed by the court for the preparation of the record of appeal assuming he has filed a valid notice of appeal.

5. I so order. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE