ISAAC N. ONDIEKI vs THE MINISTRY OF INFORMATION & BROADCASTING PUBLIC SERVICE COMMISSION [2000] KECA 70 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 116 OF 2000

BETWEEN

ISAAC N. ONDIEKI .................................. APPLICANT AND THE MINISTRY OF INFORMATION & BROADCASTING PUBLIC SERVICE COMMISSION .........................RESPONDENTS

(An application for leave to file Appeal as a pauper in an intended Appeal from Judgment of the High Court of Kenya at Nairobi (Mr. Justice Githinji) dated 8th February, 2000

in H.C.C.C. NO. 1079 OF 2000) ****************

R U L I N G

The applicant=s application in the superior court to file suit in that court as a pauper was rejected for the reason that the intended suit was barred by limitation. He has how applied to this Court to be allowed to file appeal as a pauper against the decision of the superior court.

It would appear that the cause of action in respect of which the applicant intends to file suit against the respondents arose on 2nd June, 1993 - over 7 years ago. Such suit is hopelessly out of time and in the present circumstances of the matter, it would be an exercise in futility to grant the applicant the relief he seeks from this Court in the present application as the same is lacking in merit. The same is therefore dismissed but with no order as to costs.

Dated and delivered at Nairobi this 7th day of July, 2000.

J. E. GICHERU

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR