the civil procedure act - Kenya Law Reports

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 Where the plaintiff fails in the suit or is dispaupered or where the suitis withdrawn or dismissed because the plaintiff does not appear when the suitis called on for hearing, the court shall order the plaintiff, or any person addedas a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.