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THOMAS JOSEPH O. ONYANGO V. ATTORNEY GENERAL & REUBEN OCHAKO

(2016) JELR 96059 (CA)

Court of Appeal  •  Civil Application 124 of 2015  •  14 Apr 2016  •  Kenya

Coram
Philip Nyamu Waki

Judgement

RULING

1. On the 24th February 2016, I heard the motion dated 13th March 2015 and filed on 17th April 2015 which the applicant presented in person. The two respondents had been duly served with hearing notices but never showed up. It is not clear what the application seeks since the legal provisions relied on do not support the prayers sought. But I invoked Article 159(2)(d) of the Constitution and overlooked the technicality of citing the legal provisions. The substance of the application, according to the applicant, is to seek leave of the Court to file an intended appeal as a pauper. That would be an application predicated on Rule 115 of the Rules of this Court.

2. The intended appeal emanates from the ruling of the Industrial Court (Radido Stephen J.) made on 19th December 2014 in which the learned Judge struck out an interlocutory application filed by the applicant as incompetent and an abuse of court process. The application was filed in a claim before that court by the applicant …

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