[2003] KEHC 954 (KLR)

[2003] KEHC 954 (KLR)

The court determined that, given the filing of constitutional rights applications by several defendants, all further proceedings in the main suit must be stayed in accordance with Legal Notice No 133 of 2001, rule 10, pending the determination of those constitutional questions. The court referred the matter of constituting a constitutional bench to the Chief Justice, as the proper forum for hearing and disposing of the constitutional issues. The court further directed that all interlocutory applications raising similar issues should, as far as practicable, be heard together, and that once the constitutional matters are resolved, the main suit should proceed expeditiously. The court...

Citation
[2003] KEHC 954 (KLR)
Parties
Plaintiff: Kenya Anti-Corruption Commission; Defendant: Kamlesh MD Pattni; Defendant: Marshalls East Africa; Defendant: Delphis Bank Ltd.; Defendant: Block Hotels Ltd.; Defendant: United Touring Co Ltd.; Defendant: Christopher Mwangi Chege (Receiver/Manager); Defendant: Kenya Commercial Bank (Interested Party)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 December 2003
Case Number
Civil Suit 1111 of 2003
Procedural Posture
Civil Suit / Ruling on Interlocutory and Constitutional Applications; Directions for Further Proceedings
Outcome
Proceedings in the main suit stayed pending determination of constitutional applications; matter referred to Chief Justice for constitution of a constitutional bench; directions given for case management.
Legal Topics
Interlocutory Applications, Originating Summons Procedure, Constitutional Rights Claims, Receivership and Management, Public Interest Litigation, Anti Corruption Enforcement
Source Language
English
Civil Procedure Constitutional Law Commercial and Corporate Interlocutory Applications Originating Summons Procedure Constitutional Rights Claims Receivership and Management Public Interest Litigation +1 more

Case Brief

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Parties

Kenya Anti-Corruption Commission

Plaintiff

Kamlesh MD Pattni

Defendant

Marshalls East Africa

Defendant

Delphis Bank Ltd.

Defendant

Block Hotels Ltd.

Defendant

United Touring Co Ltd.

Defendant

Christopher Mwangi Chege (Receiver/Manager)

Defendant

Kenya Commercial Bank (Interested Party)

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory and Constitutional Applications; Directions for Further Proceedings

Legal Issues

  1. 1 Whether the suit could properly be commenced by Originating Summons under the Anti-Corruption and Economic Crimes Act, 2003.
  2. 2 Whether Chamber Summons filed under the Originating Summons raised any legal problem.
  3. 3 Whether procedural difficulties affected the court's jurisdiction to make orders.

Ratio Decidendi

The court determined that, given the filing of constitutional rights applications by several defendants, all further proceedings in the main suit must be stayed in accordance with Legal Notice No 133 of 2001, rule 10, pending the determination of those constitutional questions. The court referred the matter of constituting a constitutional bench to the Chief Justice, as the proper forum for hearing and disposing of the constitutional issues. The court further directed that all interlocutory applications raising similar issues should, as far as practicable, be heard together, and that once the constitutional matters are resolved, the main suit should proceed expeditiously. The court...

Court Disposition

Proceedings in the main suit stayed pending determination of constitutional applications; matter referred to Chief Justice for constitution of a constitutional bench; directions given for case management.

Orders

  • All further proceedings in the main suit are stayed pending determination of constitutional rights applications.
  • The question of setting up a constitutional bench is referred to the Honourable Chief Justice for appropriate action.