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THOMAS JOSEPH O. ONYANGO & THE STATE V. TEACHERS SERVICE COMMISSION

(2016) JELR 95183 (CA)

Court of Appeal  •  Civil Application Nai. 50 of 2015  •  14 Apr 2016  •  Kenya

Coram
Philip Nyamu Waki

Judgement

RULING

The notice of motion dated 9th February 2015 and filed on 24th February 2015 seeks the following orders:

"1. That this court certifies this application as urgent and is heard exparte.

2. That this court be pleased to find and declare the proposed appellant's application genuine for the purpose of filing of the intended appeal pursuant to the above provisions of rules and regulations.

3. That the matter be heard and dispensed with on a priority basis.

4. That this court be further pleased to grant order for filing the intended appeal as it has reasonable possibility of success on the following grounds."

It was predicated on several provisions of the law including Order 33 Rules 1, 2 and 3 of the Civil Procedure Rules (CPR), which relates to ‘suits by paupers’; Order 44 Rule 1 of CPR, which relates to ‘pauper appeals’; and Section (sic) 115 (1)(2) and (3) of the Kenya Subsidiary Legislation (sic). The citing of such hotchpotch of legal provisions is a reflection of the handicap the ap…

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