Gichuru v Attorney General; Court of Appeal of Kenya (Interested Party) (Civil Application 75 of 2020) [2024] KECA 150 (KLR) (16 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 150
- Citation
- [2024] KECA 150 (KLR)
- Decided
- 16 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time and leave to appeal as a pauperCoramFA OCHIENG, Hon, Hon., J. Mulwa
Holding
The court granted the application for extension of time and leave to appeal as a pauper.
Facts
The applicant, Jane Njoki Gichuru, was aggrieved by the judgment and decree of Hon. J. Mulwa dismissing her suit and wishes to appeal against the decision. She was granted leave to file and serve her memorandum and record of appeal out of time in Nakuru Civil Application No. 11 of 2019.
Issues
- Whether the applicant is pauper and needs an inquiry
- Whether the applicant should be granted leave to appeal as a pauper
- Whether the applicant should be granted an extension of time to file and serve her memorandum and record of appeal
Reasoning
The court found that the applicant is unemployed and has limited funds, making it difficult for her to pay the court fees. The court also found that the applicant was granted leave to file and serve her memorandum and record of appeal out of time.
Outcome
Granted
Orders
- To order the Deputy Registrar of the Court of Appeal to conduct an inquiry into the pauperism of the applicant and file a report over the inquiry
- To grant leave to the applicant to appeal as a pauper
- To extend the period within which the applicant ought to file and serve her memorandum of appeal and record of appeal
Remedies
- Extension of time to file and serve the memorandum and record of appeal
- Leave to appeal as a pauper
Authorities cited
Legislation (3)
- Article 159(2)(9) of the constitution of Kenya
- Rules 4, 39, 42, 43 and 115 of the Court of Appeal Rules
- Order 44 of the Civil Procedure Rules
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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