Benjamin Barasa Wafula v Moses Chetame Sikanga & 22 others [2015] KECA 505 (KLR)
- Court
- Court of Appeal
- Case number
- 505
- Citation
- [2015] KECA 505 (KLR)
- Decided
- 23 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to appeal as a pauper and for stay of executionCoramD.K. MARAGA
Holding
The court finds that the applicant has failed to satisfy the court on the twin criteria in Rule 115 of the Court of Appeal Rule, that is that he has an arguable appeal but lacks means to file and prosecute it.
Facts
Benjamin Barasa Wafula applied to appeal as a pauper and for stay of execution from the dismissal and decree of the High Court of Kenya at Bungoma Land & Environment Case No. 87 of 2012.
Issues
- Whether the applicant has the means to pay the required fees and deposit for security of costs.
- Whether the applicant has an arguable appeal.
Reasoning
The court ruled that the applicant has not demonstrated that he lacks the means to pay the required fees and deposit for security of costs, and that he has not provided any evidence of an arguable appeal.
Outcome
Application dismissed with no order as to costs.
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (1)
- Jason Nyabuto Kembero v. Siraj Sheikh Musdat
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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