[2020] KEHC 6528 (KLR)
The court determined that, due to the COVID-19 pandemic and the resulting restrictions on court operations, it was appropriate and lawful to deliver the ruling/judgment online with the consent of the parties. This approach is supported by constitutional and statutory provisions that prioritize substantive justice...
Source-derived case information.
- Citation
- [2020] KEHC 6528 (KLR)
- Parties
- Applicant: Nashon Malika (Deceased)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 558 of 2013
- Procedural Posture
- Succession Cause / Ruling on Further Hearing Directions
- Outcome
- Matter to be placed before Njagi J. for preparation of judgment; ruling delivered online with parties' consent.
- Judges
- DN Musyoka
- Legal Topics
- Succession Proceedings, Case Management, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nashon Malika (Deceased)
Applicant
Procedural Posture
Succession Cause / Ruling on Further Hearing Directions
Legal Issues
- 1 Whether the matter should be placed before a specific judge for preparation of judgment.
- 2 Whether delivery of the ruling/judgment online with parties' consent is permissible under current legal framework.
Ratio Decidendi
The court determined that, due to the COVID-19 pandemic and the resulting restrictions on court operations, it was appropriate and lawful to deliver the ruling/judgment online with the consent of the parties. This approach is supported by constitutional and statutory provisions that prioritize substantive justice over procedural technicalities, guarantee access to justice, and encourage the use of technology to facilitate efficient dispute resolution. The matter is to be placed before Njagi J. for preparation of the judgment, as it was partially heard by both Sitati J. and Njagi J.
Court Disposition
Matter to be placed before Njagi J. for preparation of judgment; ruling delivered online with parties' consent.
Orders
- The matter shall be placed before Njagi J. for preparation of the judgment.
- Ruling/judgment delivered online with parties' consent, waiving Order 21 rule 1 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 558 OF 2013
IN THE MATTER OF THE ESTATE OF NASHON MALIKA (DECEASED)
RULING
1. The matter was partially heard by Sitati J. and partially by Njagi J.
2. The matter shall accordingly be placed before Njagi J. for preparation of the judgment.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 30TH DAY OF APRIL, 2020
W. MUSYOKA
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic, and in light of the directions issued by His Lordship, the Chief Justice, on 15th March 2020, this ruling/judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159 (2) (d) of the Constitution which requires the court to eschew technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act, Cap 21, Laws of Kenya, which impose on this court the duty to use, inter alia, suitable technology to enhance the overriding objective, which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
W. MUSYOKA
JUDGE