[2013] KEHC 4662 (KLR)

[2013] KEHC 4662 (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 conviction has been entered. To grant the orders sought by the applicants would amount to a premature...

Source-derived case information.

Citation
[2013] KEHC 4662 (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 in the lower courts as 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

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Summary, issues, holding and outcome

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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 allegations of forged verifying affidavits.
  2. 2 Whether the ongoing criminal proceedings against the 1st respondent for forgery justify termination of the civil suits.
  3. 3 Whether the applicants are entitled to constitutional supervisory relief over the subordinate courts in the circumstances.

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 conviction has been entered. To grant the orders sought by the applicants would amount to a premature determination of guilt and would undermine the presumption of innocence guaranteed by the Constitution. The court held that the interests of justice require that the civil proceedings be stayed pending the outcome of the criminal case, rather than being struck out or terminated at this stage. The applicants are at liberty to apply for further orders after the criminal case is concluded....

Court Disposition

Application allowed in part; all suits and proceedings in the lower courts as 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 listed in the notice of motion (numbers 1-67) are stayed pending hearing and determination of Kisumu CMCR No. 297 of 2012.
  • Applicants are at liberty to apply after determination of the above criminal case.