[2010] KEHC 1579 (KLR)
The court found that the applicant had complied with its discovery obligations by filing and serving its list of documents, while the respondent had failed to do so despite being served with the application and hearing notice. The respondent neither filed a response nor attended the hearing. Given the nature of the...
Source-derived case information.
- Citation
- [2010] KEHC 1579 (KLR)
- Parties
- Applicant: Kenya Anti-Corruption Commission; Respondent: Moses C. Ruto
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 103 of 2008
- Procedural Posture
- Civil Case / Ruling on Application for Discovery
- Outcome
- Application allowed. Order for discovery granted against the respondent.
- Judges
- SP Ouko
- Legal Topics
- Discovery of Documents, Non Compliance With Discovery, Orders for Discovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Anti-Corruption Commission
Applicant
Moses C. Ruto
Respondent
Procedural Posture
Civil Case / Ruling on Application for Discovery
Legal Issues
- 1 Whether the respondent should be compelled to make discovery on oath of documents in his possession relating to the suit.
- 2 Whether the respondent's failure to make discovery warrants a court order for discovery.
Ratio Decidendi
The court found that the applicant had complied with its discovery obligations by filing and serving its list of documents, while the respondent had failed to do so despite being served with the application and hearing notice. The respondent neither filed a response nor attended the hearing. Given the nature of the suit and the respondent's non-compliance, the court held that it was appropriate to order the respondent to make discovery within fourteen days from the date of the order. The court further ordered that the costs of the application be borne by the respondent.
Court Disposition
Application allowed. Order for discovery granted against the respondent.
Orders
- The respondent shall make discovery within fourteen days from the date of this order.
- Costs of the application to be borne by the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA INTHE HIGH COURT OF KENYA AT NAKURU
Civil Case 103 of 2008
KENYAANTI-CORRUPTION
COMMISSION………………...…..APPLICANT/PLAINTIFF
VERSUS
MOSES C. RUTO……...……RESPONDENT/DEFENDANT
RULING
This is an application under Order 10 rule 11(2) of the Civil Procedure Rules for orders directed to the respondent to make discovery on oath of the documents in his possession or power relating to the matter in question in this suit. That that discovery be made within seven (7) days of the date of the order or within such a time as the court may determine. It is alleged that whereas the applicant has made discovery by filing and serving on the respondent the list of documents in its possession, the respondent has failed and/or refused to make discovery of the documents in his possession or custody. That it is in the interest of justice to compel the respondent to make discovery.
The application was served together with the hearing notice on the respondent who has not responded. There was also no attendance by him or his counsel at the hearing of this application.
The respondent filed a statement of defence on 21st November, 2008 and while the applicant filed its list of documents on 15th December, 2008, the respondent has not himself done so.
In view of the nature of the suit, it is my opinion that this is a suitable case for an order for discovery. It is ordered that the respondent shall make discovery within fourteen days from the date of this order.
Costs of this application to be borne by the respondent.
Dated, Signed and Delivered at Nakuru this 31st day of May, 2010.
W. OUKO
JUDGE