RULING
By a motion dated 16th March, 2017, Thomas Makongo Chagoche (the applicant) is seeking leave of this court to lodge his intended appeal “in forma pauperis”. In other words, he is seeking: a waiver of the payment of court filing fees and deposit of security for costs; as well as the preparation of the record of appeal by the Registrar of the High Court. The application is brought under Rule 115 of the Court of Appeal Rules which places upon the applicant the onus of proving that he 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.
On the first limb, this court has, on previous occasions, stated that it is not sufficient for an applicant to make a dry assertion that he has no means of paying the requisite fees, see Benjamin Barasa Wafula v. Moses Chetame Sikanga and 22 others [2015] eKLR. The burden is placed squarely upon the applicant’s shoulders to demonstrate, by way of evidence,…