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Court of AppealAllowedNotice of Motion dated 9th October 2014 (intended appeal from HCCC No. 214 of 1993)· [2014] KECA 156 (KLR)

Rose Wangui Karuga v Kenya Railways Corporation

Court of Appeal of Kenya
19 December 2014
RNR. N. Nambuye
430 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed an indigent litigant to appeal without paying filing fees after a Registrar's inquiry confirmed she could not afford costs.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi, delivered by R. N. Nambuye, JA, on 19 December 2014, on a notice of motion dated 9 October 2014 by Rose Wangui Karuga. She sought leave to file her memorandum of appeal as a pauper against the ruling of Honourable H.P.G. Waweru of 18 October 2013 in HCCC No. 214 of 1993, and asked that costs of the application abide the outcome of the intended appeal. The motion was grounded on Sections 1A, 1B and 3A of the Civil Procedure Act, Order 44 Rule 1 and Order 51 of the Civil Procedure Rules 2010, and the court's inherent jurisdiction. The applicant, who appeared in person, was referred to the Registrar of the Court of Appeal for an inquiry in accordance with the Rules; the Registrar's status report found that the applicant is a pauper. Counsel for the respondent, duly served, left the matter to the court. The court found the request genuine and held that the applicant had met the threshold for the relief sought. It granted leave to file the appeal as a pauper, directed that the intended appeal be filed in accordance with the Rules of the court, and ordered that costs of the application abide the outcome of the intended appeal. This is not an appellate review of the High Court ruling; the intended appeal remains to be filed.

Key legal issues

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01

Leave to appeal as a pauper

Holding

The applicant, found by the Registrar's inquiry to be a pauper, met the threshold for leave to file her memorandum of appeal as a pauper.

Reasoning

The court relied on the Registrar's status report conducted inter partes in accordance with the Rules, which found the applicant to be a pauper. The applicant's supporting documents, grounds, supporting affidavit and further affidavit established a genuine request. Respondent's counsel, duly served, left the matter to the court, and the court exercised its discretion to grant the relief sought under Order 44 Rule 1 and the inherent jurisdiction.

p. 2

Legal principles established

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    Court orders

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    1. 1.The applicant has leave of court to file her appeal as a pauper
    2. 2.The intended appeal to be filed in accordance with the Rules of this court
    3. 3.Costs of this application to abide the outcome of the intended appeal
    On appeal from
    High Court of Kenya
    HCCC No. 214 of 1993
    Jurisdiction invoked
    Sections 1A, 1B and 3A of the Civil Procedure Act Cap 21; Order 44 Rule 1 and Order 51 of the Civil Procedure Rules 2010; inherent jurisdiction of the Court

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Rose Wangui Karuga v Kenya Railways Corporation", Case Analysis (2014). Notice of Motion dated 9th October 2014 (intended appeal from HCCC No. 214 of 1993). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2014/156/eng@2014-12-19

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.