ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
118. Waiver of fees in criminal appeals
Edition: 2022-12-31 · In force
118. Waiver of fees in criminal appeals
(1)If, in any appeal from a superior court acting in in its appellate jurisdiction in any criminal matter, a judge of the superior court is satisfied on the application of the appellant—(a)that the appeal raises one or more questions of law proper for determination by the Court; and(b)that the appellant ought not, by reason of poverty, to be required to pay the whole of the fees ordinarily payable, including the fees for preparing the record of appeal, the judge may, by order, direct that the whole or any part of such fees be waived.(2)An application under subrule (1) may be made informally at any time but not later than seven days after the appellant has been informed of the amount which, in the absence of an order, he or she would be required to pay as fees or to deposit in respect thereof:Provided that a judge of a superior court may entertain any such application out of time if it appears that there was sufficient cause for the delay in making the application.(3)No fee shall be payable on the lodging of an application under subrule (1).(4)A judge of a superior court considering the means of an applicant may rely on a report made to the judge by the Registrar.(5)A judge of a superior court, making an order under subrule (1) may, at the same time and without formal application, order the extension of the time for giving notice of appeal or for lodging the memorandum of appeal.(6)An order allowing or dismissing an application under subrule (1) shall be final:Provided that the decision by the judge of the superior court that an appeal raises or does not raise a question of law proper for determination by the Court shall be conclusive of that question only in relation to the application.