Omollo v Republic [2022] KEHC 10353 (KLR)

Omollo v Republic (Miscellaneous Criminal Application E063 of 2022) [2022] KEHC 10353 (KLR) (20 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10353 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E063 of 2022

RE Aburili, J

June 20, 2022

Between

Jacob Okech Omollo

Applicant

and

Republic

Respondent

(Being an Application arising from conviction and sentence of Siaya in HCCRC No. E023/2021 and Misc. Cr. Application No. E058/2022)

Ruling

1. The applicant Jacob Okech Omollo was convicted and sentenced to serve 35 years imprisonment on 10/5/2021 vide HCR E023/2021 for the offence of Murder contrary to section 203 as read with section 204 of the Penal code.

2. On 23/5/2022 he filed an application before this court vide Misc. Cr. Application E058/2022 seeking to be allowed to appeal as a pauper. There was no sworn affidavit in support of that application.

3. The court declined and directed that the application pays for all the preparation, documentation and filing of the record of appeal, vide Ruling of 25/5/2022.

4. The applicant was then at Kisumu Maximum Prison. He is now at Kamiti Maximum Prison and has brought a similar application in addition, seeking for leave to file Notice of appeal out of time.

5. I have considered the application which is not supported by any sworn affidavit.

6. Whereas the court need not insist on a sworn affidavit in support of an application for extension of time for filing Notice of appeal as the delay is not inordinate, I find that pauperism is not an obvious fact. It must be demonstrated by evidence.

7. Furthermore, this court has already pronounced itself vide Misc. Cr. Application No. E058/2022 on the issue of pauperism of the applicant and directed the applicant to meet all the costs for preparation of the documents and record of appeal. I am therefore functus officio as no new material is before this court to review its earlier ruling.

8. I decline the prayer for waiver of court fees for preparation of a record of Appeal. The applicant to pay for the preparation of the record of Appeal and for supply of court proceedings. He is however granted leave to file a Notice of Appeal out of time and serve the Office of Director Public Prosecutions within 7 days of today. I so order. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF JUNE, 2022R.E. ABURILIJUDGE