Stephen Gathuku Kinyanjui v Peter Gatihuri Karingu [2018] KECA 57 (KLR)
The bottom line
#Kenya's Court of Appeal let an indigent farmer appeal his eviction without paying court fees or security, showing poverty need not block access to justice.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted leave to file his appeal in forma pauperis, i.e. without payment of court fees and without security for costs
Key legal issues
#Entitlement to appeal in forma pauperis under rule 115
The applicant demonstrated indigency through his affidavit and the Registrar's report, warranting a waiver of court fees and security for costs.
The applicant deposed that he lacked a stable livelihood, relying on small-scale farming, and could not pay court fees. The court invoked rule 115(2), interviewed the applicant via the Registrar, and the Registrar's report of 13 December 2018 confirmed he was deserving. Although served, the respondent did not appear. On that material the court allowed prayer 2, permitting lodgement of the appeal without fees or security for costs.
Legal principles established
#- An indigent applicant who satisfies the court of his inability to pay may be permitted to lodge an appeal without prior payment of court fees and without security for costs, following a Registrar's means inquiry under rule 115(2).
Court orders
#- 1.Prayer 2 of the applicant's application dated 4th April 2018 allowed
- 2.Leave granted to lodge the appeal from the decision of the Environment and Land Court in ELC No. 1513 of 2016 without prior payment of court fees and without security for costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court (High Court)
- ELC No. 1513 of 2016
- Jurisdiction invoked
- Rule 115 of the Court of Appeal Rules (leave to appeal in forma pauperis)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I allow prayer 2 of the applicant's application dated 4th April 2018
lodge his appeal from the decision of the Environment and Land Court in ELC No. 1513 of 2016 without prior payment of fees of Court and without security for costs being lodged
Issues in the judgment
#The judgment text is garbled in the dispositive portion, leaving the operative order grammatically incomplete ('In accordance with lodge his appeal...'), and the respondent is not named anywhere in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Gathuku Kinyanjui v Peter Gatihuri Karingu [2018] KECA 57 (KLR)", Case Analysis (2018). Notice of motion dated 4 April 2018 (Civil Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/57/eng@2018-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.