[2013] KEHC 6082 (KLR)

[2013] KEHC 6082 (KLR)

The court held that although Article 22(3)(c) of the Constitution contemplates that no fee may be charged for commencing public interest litigation, the absence of rules by the Chief Justice does not entitle litigants to unilaterally exempt themselves from paying court fees. Instead, a prospective petitioner must apply to the court for exemption from paying fees before filing the substantive petition. The court found that the appropriate procedure is analogous to pauper litigation under Order 33 of the Civil Procedure Rules, where the court considers the nature of the case and the reasons for exemption. The court emphasized that the intended suit must be genuine public interest...

Citation
[2013] KEHC 6082 (KLR)
Parties
Plaintiff: John Wekesa Khaoya; Defendant: Attorney General
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
25 February 2013
Case Number
Petition 60 of 2012
Procedural Posture
Constitutional Petition / Ruling on Application for Exemption From Paying Court Fees in Public Interest Litigation
Outcome
Application for exemption from payment of filing fees is granted.
Legal Topics
Public Interest Litigation, Court Fees Exemption, Access to Justice, Locus Standi
Source Language
English
Constitutional Law Civil Procedure Public Interest Litigation Court Fees Exemption Access to Justice Locus Standi

Case Brief

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Parties

John Wekesa Khaoya

Plaintiff

Attorney General

Defendant

Procedural Posture

Constitutional Petition / Ruling on Application for Exemption From Paying Court Fees in Public Interest Litigation

Legal Issues

  1. 1 Whether a prospective petitioner should apply for exemption from paying court fees before filing a public interest litigation.
  2. 2 What is the proper procedure for applying for exemption from court fees in public interest litigation?
  3. 3 What criteria should the court apply in determining an application for exemption from court fees?

Ratio Decidendi

The court held that although Article 22(3)(c) of the Constitution contemplates that no fee may be charged for commencing public interest litigation, the absence of rules by the Chief Justice does not entitle litigants to unilaterally exempt themselves from paying court fees. Instead, a prospective petitioner must apply to the court for exemption from paying fees before filing the substantive petition. The court found that the appropriate procedure is analogous to pauper litigation under Order 33 of the Civil Procedure Rules, where the court considers the nature of the case and the reasons for exemption. The court emphasized that the intended suit must be genuine public interest...

Court Disposition

Application for exemption from payment of filing fees is granted.

Orders

  • The petitioner is exempted from payment of filing fee or any further fee on the petition.
  • Any fee already paid, unless it is the initial filing fee on the petition, will not be refunded.