[2013] KEHC 2928 (KLR)

[2013] KEHC 2928 (KLR)

The court found that while there is prima facie evidence of fraud in the verifying affidavits supporting the lower court suits, the criminal proceedings against the 1st respondent are still ongoing and no determination of guilt has been made. To grant the orders sought by the applicants would amount to pre-judging...

Source-derived case information.

Citation
[2013] KEHC 2928 (KLR)
Parties
Applicant: Julius Mokaya Ongera t/a Nyamira Express & 3 Others; Respondent: Hellen Adoyo Kuke & 18 Others
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Constitutional Application 51 of 2012
Procedural Posture
Constitutional Application / Judgment
Outcome
Application allowed in part; all suits and proceedings listed are stayed pending determination of the criminal case; liberty to apply after criminal case; each party to bear own costs.
Judges
HK Chemitei
Legal Topics
Supervisory Jurisdiction, Fraudulent Affidavits, Stay of Proceedings, Presumption of Innocence
Source Language
en
Civil Procedure Constitutional Law Supervisory Jurisdiction Fraudulent Affidavits Stay of Proceedings Presumption of Innocence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Julius Mokaya Ongera t/a Nyamira Express & 3 Others

Applicant

Hellen Adoyo Kuke & 18 Others

Respondent

Procedural Posture

Constitutional Application / Judgment

Legal Issues

  1. 1 Whether the High Court should stay or strike out multiple lower court suits based on alleged forged verifying affidavits.
  2. 2 Whether the ongoing criminal proceedings against the 1st respondent justify termination or stay of the civil suits.
  3. 3 Whether the applicants are entitled to constitutional supervisory relief over the subordinate courts in light of alleged fraud.

Ratio Decidendi

The court found that while there is prima facie evidence of fraud in the verifying affidavits supporting the lower court suits, the criminal proceedings against the 1st respondent are still ongoing and no determination of guilt has been made. To grant the orders sought by the applicants would amount to pre-judging the criminal case and condemning the 1st respondent unheard, contrary to the constitutional presumption of innocence. The court therefore held that the interests of justice require that the civil suits be stayed pending the outcome of the criminal proceedings, rather than being struck out or otherwise terminated at this stage. Each party is to bear its own costs.

Court Disposition

Application allowed in part; all suits and proceedings listed are stayed pending determination of the criminal case; liberty to apply after criminal case; each party to bear own costs.

Orders

  • All suits and proceedings as per paragraph numbers 1-67 in the notice of motion are stayed pending hearing and determination of Kisumu CMCR 297 of 2012.
  • Applicants are at liberty to apply after determination of the above criminal case.