1.The application before Court is dated the 6th of May 2022 and brought pursuant to Article 159 of the Constitution, rules 4,39,42,43 and 115 of the Court of appeal rules. The applicant seeks for three prayers namely; that the Honourable Court do order the registrar of the court to conduct an inquiry into the pauperism of the applicant and render a report; the court do allow the applicant to conduct his appeal as a pauper; and the Honourable court do extend time within which the applicant may file and serve her record of appeal and memorandum of appeal having been aggrieved by the decision of the Hon. Nzioki wa Makau J in ELRC Cause No. 1254 of 2015.
2.In the grounds on the face of the Application and the affidavit in support the applicant states that having being aggrieved by the decision of the ELRC court’s decision she obtained ago ahead to file the appeal. She prepared and had her memorandum and record of appeal assessed at the sum of Kshs.100, 400 which she is unable to pay as she is unemployed. The first prayer seeks to have the Registrar of the court make am inquiry in order to report to the court on the status of the applicant and whether she qualifies under the now rule 120 of this court’s rule to conduct her appeal as a pauper. Rule 120 previously 115 stipulates as follows on this subject;(1)If, in any appeal from a superior court, in exercise of its original or appellate jurisdiction in any civil case, the court is satisfied on the application of an appellant that the appellant lacks the means to pay the required fees or to deposit the security for costs, and that the appeal is not without reasonable possibility of success, the court may order, direct that the appeal may be lodgeda.Without prior payment of fees of court, or on payment of any specified amount less than the required fees; orb.Without security for costs being lodged, or on lodging of any specified sum less than the amount fixed by rule 109...............(2)The Registrar shall be entitled to be heard on any such application.”
5.In order to allow the registrar of the court carry out the task of investigating and reporting on the status of the applicant the other two prayers will have to be placed on hold awaiting the said report in the meanwhile.
6.Accordingly, therefore, the registrar is directed to investigate the status of the applicant in relation to the application for her to be allowed to proceed in the intended appeal as a pauper and file a report within the next 21 days of the date hereof.
7.The registrar will thereafter cause the file to be placed before any single judge of the court for hearing of the other two prayers.