ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
120. Relief from fees and security in civil appeals
Edition: 2022-12-31 · In force
120. Relief from fees and security in civil appeals
(1)If, in any appeal from a superior court, in exercise of its original or appellate jurisdiction in any civil case, the Court is satisfied on the application of an appellant that the appellant lacks the means to pay the required fees or to deposit the security for costs and that the appeal is not without reasonable possibility of success, the Court may, by order, direct that the appeal may be lodged—(a)without prior payment of fees of Court, or on payment of any specified amount less than the required fees; or(b)without security for costs being lodged, or on lodging of any specified sum less than the amount fixed by rule 109, and may order that the record of appeal be prepared by the registrar of the superior court without payment therefor or on payment of any specified sum less than the fee set out in the Second Schedule conditionally on the intended appellant undertaking to pay the fees or the balance of the fees out of any money or properly the appellant may recover in or consequence of the appeal.(2)The Registrar shall be entitled to be heard on any such application.(3)No fee shall be payable on the lodging of any such application.(4)The Registrar shall have power to take such action as he or she may think necessary to enforce any undertaking given in accordance with subrule (1).