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Case Brief · caselaw.co.ke
High CourtDismissed· [2020] KEHC 1527 (KLR)
Pauper Application under Rule 113 of the Court of Appeal Rules (In re)
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·~1 min to read original · ~4 min briefThe bottom line
#To apply to the court as a pauper, you must prove you are poor and have a strong legal case, supported by a sworn affidavit.
What this practically means
#Executive summary
#This is a brief first-instance ruling by R.E. Aburili J, delivered at Siaya on 16 November 2020, determining an application brought under Rule 113 of the Court of Appeal Rules, which governs proceedings by indigent persons (pauper applications). The court recorded that it had considered the application and made two findings: first, there was no evidence of pauperism and no points of law on a second appeal warranting consideration; second, the application was unsupported by any sworn affidavit. On those grounds the court dismissed the application and ordered the file closed. The judgment is extremely terse: it does not name the parties, the case number, the underlying appeal, or the relief sought beyond the Rule 113 application itself, and it makes no costs order. No authorities were cited and no separate opinions were delivered. The practical takeaway for practitioners is that a pauper application under Rule 113 must be supported by a sworn affidavit demonstrating the applicant's indigence and identifying arguable points of law on the intended second appeal; an unsupported application will be dismissed and the file closed.
Key legal issues
#01
Whether the applicant satisfied the requirements for pauper proceedings under Rule 113
Holding
The application failed for want of evidence of pauperism and of points of law on a second appeal, and for want of a sworn affidavit
Reasoning
The court considered the application under Rule 113 of the Court of Appeal Rules and found no evidence of pauperism, no points of law arising on a second appeal, and no sworn affidavit supporting the application. On that basis the application was dismissed and the file closed.
p. 2
Legal principles established
#- An application under Rule 113 of the Court of Appeal Rules must be supported by a sworn affidavit evidencing pauperism and identifying points of law on a second appeal
Court orders
#- 1.The application is dismissed
- 2.The file is closed
- Jurisdiction invoked
- Rule 113 of the Court of Appeal Rules (pauper proceedings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pauper Application under Rule 113 of the Court of Appeal Rules (In re)", Case Analysis (2020). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.