[2024] KEHC 12018 (KLR)
The court held that documents filed and served by a party, such as a witness statement and verification report, become part of the court record and cannot be withdrawn at the unilateral request of the filing party. However, the court cannot compel a party to call a particular witness, and the defendant retains the...
Source-derived case information.
- Citation
- [2024] KEHC 12018 (KLR)
- Parties
- Plaintiff: Kaigi General Contractors Ltd; Defendant: National Irrigation Authority
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case E009 of 2021
- Procedural Posture
- Civil Case / Interlocutory Ruling
- Outcome
- Application to withdraw documents declined; documents remain on record.
- Judges
- MA Odero
- Legal Topics
- Withdrawal of Documents, Witness Statements, Court Record Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaigi General Contractors Ltd
Plaintiff
National Irrigation Authority
Defendant
Procedural Posture
Civil Case / Interlocutory Ruling
Legal Issues
- 1 Whether the defendant can withdraw a witness statement and verification report already served and filed as part of the court record.
- 2 Whether the court can compel a party to call a particular witness.
Ratio Decidendi
The court held that documents filed and served by a party, such as a witness statement and verification report, become part of the court record and cannot be withdrawn at the unilateral request of the filing party. However, the court cannot compel a party to call a particular witness, and the defendant retains the discretion to decide whether or not to call Chris Opondo as a witness. The application to withdraw the documents was declined, and the documents will remain on record.
Court Disposition
Application to withdraw documents declined; documents remain on record.
Orders
- The application to withdraw the witness statement of Chris Opondo and the verification report dated 12th March, 2024 is declined.
- The said documents will remain on the court record.
Full Case Text
Judgment text and source record
19 paragraphs
Kaigi General Contractors Ltd v National Irrigation Authority (Civil Case E009 of 2021) [2024] KEHC 12018 (KLR) (9 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12018 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Case E009 of 2021
MA Odero, J
October 9, 2024
Between
Kaigi General Contractors Ltd
Plaintiff
and
National Irrigation Authority
Defendant
Ruling
1. The Defendants in this matter are seeking to withdraw from the record the witness statement of one Chris Opondo dated 12th March, 2024 as well as the verification report dated 12th March, 2024.
2. Counsel for the Plaintiff opposes this application arguing that the said documents were served upon them by the Defendant and now form part of the record. That the witness and the report are necessary and that the plaintiff is required by law to make full disclosure in this matter.
3. The duty of any party in a suit is to present before the court all information/documentation necessary to enable the court reach a just decision in a matter. The statement and documents in question were filed by the Defence and have already been served upon the Plaintiff. They are part of the court record. As such I decline the application to withdraw the said documents. They will remain therefore on record.
4. However the court, cannot compel the Defendant to call as a witness, a person they do not wish to have testify on their behalf. Thus the defendant is at liberty to decide whether or not to call this Chris Opondo as a witness. It is so ordered.
DATED IN NYERI THIS 9THDAY OF OCTOBER, 2024MAUREEN A. ODEROJUDGE