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Judge declines to issue direction because of small font size in Sportpesa document

A High Court judge on Tuesday declined to issue directions in cases that come before her because of the font type used in the suit documents.

Lady Justice Roselyne Aburili declined to give any directions in a case in which a company involved in lotteries sued over the proposed betting tax increase by 50 per cent.

The company, Bradley Trading, which has a major shareholding in Sportpesa, had challenged the decision to increase taxes levied on betting companies hence sued the Finance Cabinet Secretary Henry Rotich, Attorney General Githu Muigai, Interior CS Joseph Nkaissery and the Betting Control & Licensing Board.

The matter had been filed as an urgent matter under a certificate of urgency.


However, when the judge was required to issue her directions on the case on whether she could issue any temporary orders, she asked the firm to file fresh documents mainly because the font size used was not “appropriate”.

“The applicant is directed to file reader friendly pleadings for the court’s consideration, I decline to consider the small fonts,” said Justice Aburili.

She directed the company to file fresh documents with font size 14 and with further specification of the kind of spacing the documents should be typed in.

“We note and record that we were advised that the judge directed that we re-present our application and certificate printed in larger font, we enclose herewith the said pleadings in larger fonts as directed,” said the company’s lawyers from the firm of Muturi Mwangi & Associates.

This is not the only case in which the said judge has issued such a directive before handling the matter at hand.


She also issued similar directions in another land dispute case filed by Karaini Investments against the National Land Commission.

“I decline to consider it for reasons that the fonts used for typing pleadings / documents is too small to be read. I direct the party to file reader friendly pleadings for consideration by the court,” the judge said.

The judge has also in the past cited not having a pen she is used to, to do her work.

In such cases, those moving to court with urgent matters have to wait longer to get directions from the courts because of going through the process of making the case documents with ‘reader friendly fonts’.