[2023] KEHC 26760 (KLR)
The court declined to make any orders regarding the alleged conflicting orders because the referring judge had not made any such orders. Instead, the court focused on ensuring procedural fairness and expeditious disposal by setting strict timelines for filing responses and submissions in all related matters. The...
Source-derived case information.
- Citation
- [2023] KEHC 26760 (KLR)
- Parties
- Applicant: Autoports Nairobi Freight Terminal Limited; Applicant: Compact Freight System Limited; Respondent: Cabinet Secretary, Ministry of Roads & Transport; Respondent: Cabinet Secretary, Ministry of Industrialization, Trade and Enterprise Development; Respondent: The Attorney General; Respondent: Kenya Ports Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Petition E002 of 2023
- Procedural Posture
- Commercial Petition / Directions/ruling on Case Management and Timelines
- Outcome
- Directions issued for responses, submissions, and hearing; previous mention dates vacated; no substantive orders on merits.
- Judges
- A Mabeya
- Legal Topics
- Case Management, Conflicting Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Autoports Nairobi Freight Terminal Limited
Applicant
Compact Freight System Limited
Applicant
Cabinet Secretary, Ministry of Roads & Transport
Respondent
Cabinet Secretary, Ministry of Industrialization, Trade and Enterprise Development
Respondent
The Attorney General
Respondent
Kenya Ports Authority
Respondent
Procedural Posture
Commercial Petition / Directions/ruling on Case Management and Timelines
Legal Issues
- 1 Whether there are conflicting orders in force in the related matters.
- 2 What directions should be given regarding hearing, responses, and submissions in the related matters.
- 3 Whether the existing certificates of urgency affect the timelines for responses and submissions.
Ratio Decidendi
The court declined to make any orders regarding the alleged conflicting orders because the referring judge had not made any such orders. Instead, the court focused on ensuring procedural fairness and expeditious disposal by setting strict timelines for filing responses and submissions in all related matters. The court emphasized that time is of the essence, vacated previous directions and mention dates, and scheduled highlighting of submissions on specified dates. The court's approach was to maintain procedural order and avoid prejudicing any party before the issues are fully ventilated.
Court Disposition
Directions issued for responses, submissions, and hearing; previous mention dates vacated; no substantive orders on merits.
Orders
- All applications not responded to be responded to within 14 days; excluded days suspended.
- Applicants to file and serve submissions within 14 days; respondents within 14 days thereafter.
Full Case Text
Judgment text and source record
29 paragraphs
Autoports Nairobi Freight Terminal Limited & another v Cabinet Secretary, Ministry of Roads & Transport & 3 others (Commercial Petition E002 of 2023) [2023] KEHC 26760 (KLR) (Commercial and Tax) (21 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26760 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Petition E002 of 2023
A Mabeya, J
December 21, 2023
Between
Autoports Nairobi Freight Terminal Limited
1st Petitioner
Compact Freight System Limited
2nd Petitioner
and
Cabinet Secretary, Ministry of Roads & Transport
1st Respondent
Cabinet Secretary, Ministry of Industrialization, Trade and Enterprise Development
2nd Respondent
The Attorney General
3rd Respondent
Kenya Ports Authority
4th Respondent
Ruling
1. I have considered the directions made by Hon. Kizito J on 13/12/2023 in 3 matters; E 031/2023, E 021/2023 and E 079/2023.
2. The Judge sent the files to this Court to make determination on the place of hearing and the state of the orders. The Judge did not make any directions on the supposed existing orders in the three matters.
3. It is alleged that there seem to be conflicting orders in force. Since the good judge made no orders on the matters before him, I also refrain to make any until the issues are properly ventilated before me.
4. Since the matters seem to have been lodged under a Certificate of Urgency and which Certificates have not been cancelled, I direct as follows: -1. All the applications in this matter that have not been responded to be responded to within 14 days. The excluded days are hereby suspended.2. The parties do file and serve submissions within 14 days by the applicants and 14 days by the respondents.3. All applications pending in Mombasa (MSA) E 031/2023 (058/2023), E 021/2023 (059/2023) and E 079/2023 (060/2023) be responded to, if not yet within 14 days.4. Submissions be exchanged within 14 days each.5. Time is of the essence.6. Highlighting on 6th, 7th, 8th and 9th of February, 2024 commencing 1 pm each day.7. The directions and mention dates earlier given are hereby vacated.
5. Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF DECEMBER, 2023. A. MABEYA, FCI ARB, EBSJUDGE