RULING
The application before me is the one dated 16/03/2013. The applicants in this application state that they are without means; they sought orders to be allowed to file the petition challenging the swearing in of the President-elect.
The prayers sought herein call for the exercise of the courts discretion which is in terms unfettered. But as in all cases where the court has to exercise its discretion, there must be some reasonable basis in fact or in law to warrant the orders made. The courts discretion has to be exercised judiciously at all times under any given circumstances.
The threshold of proving that an applicant deserves the leave of the Court to be pronounced as one capable of filing in forma paupers is extremely high. The court has seen a lot of paper work, volumes of paperwork that has mentioned that the applicants are internally displaced persons. I have also seen a Court order from the High Court granting leave to the applicants to file matters in the High Court in forma…