[2002] KECA 195 (KLR)
The court held that the applicant, having been granted leave to appeal as a pauper, should not be denied the right to file an appeal out of time solely because of his financial incapacity. The judge considered the applicant's status and the fact that he had already initiated the appeal process by filing a notice of...
Source-derived case information.
- Citation
- [2002] KECA 195 (KLR)
- Parties
- Applicant: Ezekiel Ngare Wanjohi; Respondent: Leba Inyangala; Respondent: Attorney General; Respondent: Joram Inyangala; Respondent: Musilo Inyangala
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 93 of 2001
- Procedural Posture
- Civil Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Pauper Appeals, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Ngare Wanjohi
Applicant
Leba Inyangala
Respondent
Attorney General
Respondent
Joram Inyangala
Respondent
Musilo Inyangala
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time as a pauper.
- 2 Whether lack of financial means should bar the applicant from exercising the right of appeal.
Ratio Decidendi
The court held that the applicant, having been granted leave to appeal as a pauper, should not be denied the right to file an appeal out of time solely because of his financial incapacity. The judge considered the applicant's status and the fact that he had already initiated the appeal process by filing a notice of appeal. The overriding principle was that access to justice and the right of appeal should not be hindered by poverty. Therefore, the application for extension of time was granted, allowing the applicant to file the intended appeal within 30 days from the date of the ruling.
Court Disposition
application granted
Orders
- The applicant is granted leave to file the intended appeal within 30 days from the date of this ruling.
- There will be no order for costs.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: O'KUBASU, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 93 OF 2001
BETWEEN
EZEKIEL NGARE WANJOHI .............................. APPLICANT
AND
LEBA INYANGALA
ATTORNEY GENERAL
JORAM INYANGALA
MUSILO INYANGALA .................................. RESPONDENT
(Application for extension of time to file notice of
appeal out of time in an intended appeal from a
judgment of the High Court of Kenya at Kitale
(Nambuye J) dated 13th April, 2000
in
H.C.C.C. NO. 34 OF 1997)
********************
R U L I N G
This is an application for leave to file appeal out of time. The applicant who is a pauper says that he had already filed a notice of appeal but now wants to file a record of appeal. I have considered what I said in my ruling delivered on 20th February, 2001 and in view of the fact that the applicant is a pauper who wishes to pursue this matter to the highest court in the land, I am of the view that the applicant should not be denied his right of appeal simply because he had no financial means. Since this Court has allowed him to file appeal as a pauper I now order that this application is granted and the applicant is to file his intended appeal within 30 days from the date of this ruling. There will be no order for costs.
Dated and delivered at Nakuru this 18th day of February, 2002.
E. O. O'KUBASU JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR