the civil procedure act - Kenya Law Reports

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160CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](b) where the applicant is not a pauper;(c) where he has, within two months next before the presentation ofthe application, disposed of any property fraudulently or in orderto be able to apply for permission to sue as a pauper;(d) where his allegations do not show a cause of action; or(e) where he has entered into any agreement with reference to thesubject-matter of the proposed suit under which any other personhas obtained an interest in such subject-matter.[Order 33, rule 6.]Notice of day forreceiving evidence ofapplicant’ spauperism.[Order 33, rule 7.]Procedure at hearing.6. Where the court sees no reason to reject the application on any ofnotice shall be given to the opposite party) for receiving such evidence as theapplicant may adduce in proof of his pauperism and for hearing any evidencewhich may be adduced in disproof thereof.the court shall examine the witnesses (if any) produced by either party, andmay examine the applicant or his agent, and shall make a memorandum of thesubstance of their evidence.(2) The court shall also hear any argument which the parties may desire tooffer on the question whether, on the face of the application and of the evidence(if any) taken by the court as herein provided, the applicant is or is not subject(3) The court shall then either allow or refuse to allow the applicant tosue as a pauper.[Order 33, rule 8.]Procedure ifapplication admitted.[Order 33, rule 9.]Dispaupering.8. Where the application is granted, it shall be deemed the pleading inthe suit, and the suit shall proceed in all other respects as a suit instituted in theordinary manner except that the plaintiff shall not be liable to pay any court fee.9. The court may, on the application of the defendant, of which sevendays’ clear notice in writing has been given to the plaintiff, order the plaintiffto be dispaupered—(a) if he is guilty of vexatious or improper conduct in the course ofthe suit;(b) if it appears that his means are such that he ought not to continueto sue as a pauper; or(c) if he has entered into any agreement, with reference to the subjectmatterof the suit, under which any other person has obtained aninterest in such subject-matter.[Order 33, rule 10.]10. Where the plaintiff succeeds in the suit, the court shall calculate the
Rev. 2010] Civil Procedure CAP. 21 161amount of the court fees which would have been paid by the plaintiff if he hadnot been permitted to sue as a pauper; such amount shall be recoverable by thecharge on the subject-matter of the suit.11. Where the plaintiff fails in the suit or is dispaupered or where the suitis withdrawn or dismissed because the plaintiff does not appear when the suitis called on for hearing, the court shall order the plaintiff, or any person addedas a co-plaintiff to the suit, to pay the court fees which would have been paidby the plaintiff if he had not been permitted to sue as a pauper.12. The Government shall have the right at any time to apply to thecourt to make an order for the payment of court fees under rule 10 or rule 11.13. All matters arising between the Government and any party to the suitunder rule 10, rule 11 or rule 12 shall be deemed to be questions arising betweenthe parties to the suit within the meaning of section 34 of the Act.14. An order refusing to allow the applicant to sue as a pauper shall bea bar to any subsequent application of the like nature by him in respect of thesame right to sue; but the applicant shall be at liberty to institute a suit in the(if any) incurred by the Government and by the opposite party in opposing hisapplication for leave to sue as a pauper.15. The costs of an application for permission to sue as a pauper and ofan inquiry into pauperism shall be costs in the suit.16. (1) If any defendant alleges that he is unable to pay court fees theregistrar, upon application being made for that purpose, shall inquire into thepoverty is true, shall record on the record the result of his investigation and astatement of the proportion of the fees (if any) which the defendant is able todefendant is able to pay shall be payable.the defendant to pay court fees, he shall so certify and advise the defendant asto the fees payable by him.(3) An appeal shall lie from the decision of the registrar to a judge inchambers.17. In the event of a pauper plaintiff or defendant succeeding in any suitwhich results in a decree or order for payment to him of any sum of money fromthe other side, whether by way of costs or otherwise, the court may order thatcharge on any moneys recovered or to be recovered under such decree or order.[Subsidiary]Costs where paupersucceeds.[Order 33, rule 11.]Procedure wherepauper fails.[Order 33, rule 12.]Government mayapply for payment ofcourt fees.[Order 33, rule 13.]Government to bedeemed a party.[Order 33, rule 14.]Refusal to allowapplicant to sueas pauper tobar subsequentapplication of likenature.[Order 33, rule 15.]Costs.[Order 33, rule 16.]Court fees.[Order 33, rule 17.]Recovery of courtfees from pauper.
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