[2019] KEHC 2522 (KLR)
The court determined that, given the direct impact of the dispute on the rights of children and the need for their protection, it was appropriate to invoke constitutional principles promoting alternative dispute resolution. The court directed all trustees of the Child Welfare Society of Kenya, including the...
Source-derived case information.
- Citation
- [2019] KEHC 2522 (KLR)
- Parties
- Plaintiff: Child Welfare Society of Kenya; Defendant: Equity Bank (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E386 of 2019
- Procedural Posture
- Civil Case / Ruling on Interim Directions
- Outcome
- Interim directions issued; matter set for mention to confirm compliance.
- Judges
- DAS Majanja
- Legal Topics
- Child Rights Protection, Trustees Duties, Bank Account Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Child Welfare Society of Kenya
Plaintiff
Equity Bank (Kenya) Limited
Defendant
Procedural Posture
Civil Case / Ruling on Interim Directions
Legal Issues
- 1 Whether the court should issue interim directions to facilitate the protection of children's rights in the management of accounts held at Equity Bank.
- 2 Whether the trustees of the Child Welfare Society of Kenya should be compelled to meet and resolve issues concerning the accounts.
- 3 Whether the Principal Secretary, Ministry of Labour and Social Protection should be notified and involved in the process.
Ratio Decidendi
The court determined that, given the direct impact of the dispute on the rights of children and the need for their protection, it was appropriate to invoke constitutional principles promoting alternative dispute resolution. The court directed all trustees of the Child Welfare Society of Kenya, including the Principal Secretary, National Treasury, to convene within seven days to resolve all matters concerning the accounts at Equity Bank and to make interim provisions necessary for the protection of children. The court further ordered notification of the Principal Secretary, Ministry of Labour and Social Protection, and scheduled a mention to confirm compliance. The decision was guided by...
Court Disposition
Interim directions issued; matter set for mention to confirm compliance.
Orders
- All Trustees of the Child Welfare Society of Kenya, including the Principal Secretary, National Treasury, to meet within seven days to resolve all matters concerning the accounts at Equity Bank and make interim provisions for the protection of children.
- The Principal Secretary, Ministry of Labour and Social Protection, to be notified of this order.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CIVIL CASE NO. E386 OF 2019
CHILD WELFARE SOCIETY OF KENYA..............................PLAINTIFF
-VERSUS-
EQUITY BANK (KENYA) LIMITED.....................................DEFENDANT
R U L I N G
I have considered the arguments by the Parties and the issues raised and it is apparent that this is a matter that warrants the court’s direction in terms of Article 159(2) (d) of the Constitution to promote alternative dispute resolution and amicable settlement. I also note that the matter has a direct effect on the rights of the child which are at all material times paramount in any consideration by the Court or any other body under Article 53 of the Constitution and the Children Act.
Bearing this in mind, and without addressing the merits of the case, I hereby direct as follows:
1. THAT all the Trustees of the Child Welfare Society of Kenya including the Principal Secretary, National Treasury shall meet within the next seven (7) days to resolve all matters concerning the accounts at Equity bank including making provision for any interim measures necessary for the protection of children.
2. The Principal Secretary, Ministry of Labour and Social Protection shall be notified of this order.
3. Mention on 19/11/2019 for directions and further orders in order to confirm compliance and for that purpose all the Trustees shall attend court.
DATED AND DELIVERED AT NAIROBI THIS 8TH DAY OF NOVEMBER, 2019.
D. S. MAJANJA
JUDGE
Mr. Rapando for the Plaintiff.
Mr. Kamandefor Prof. Albert Mumma for the Defendant.