[2022] KEHC 16290 (KLR)
The court found that the application dated September 22, 2022 did not raise any jurisdictional issue as claimed by the defendant and interested party. Instead, it sought to enjoin an interested party and for a mandatory injunction against the plaintiff, which are not matters affecting the court's jurisdiction. The...
Source-derived case information.
- Citation
- [2022] KEHC 16290 (KLR)
- Parties
- Plaintiff: Konnexion Systems Limited; Plaintiff: Robert Matumbi Mworia; Defendant: Independent Electoral and Boundaries Commission (IEBC)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 163 of 2014
- Procedural Posture
- Commercial Case / Directions on Hearing of Pending Applications
- Outcome
- Directions issued for contemporaneous hearing of both applications by written submissions.
- Judges
- DO Chepkwony
- Legal Topics
- Joinder of Parties, Mandatory Injunctions, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Konnexion Systems Limited
Plaintiff
Robert Matumbi Mworia
Plaintiff
Independent Electoral and Boundaries Commission (IEBC)
Defendant
Procedural Posture
Commercial Case / Directions on Hearing of Pending Applications
Legal Issues
- 1 Whether the two pending applications should be heard together or separately.
- 2 Whether the application dated September 22, 2022 raises a jurisdictional issue necessitating priority hearing.
- 3 Whether joint hearing of the applications would prejudice any party.
Ratio Decidendi
The court found that the application dated September 22, 2022 did not raise any jurisdictional issue as claimed by the defendant and interested party. Instead, it sought to enjoin an interested party and for a mandatory injunction against the plaintiff, which are not matters affecting the court's jurisdiction. The application dated June 14, 2022 sought to set aside previous orders. The court determined that both applications could be heard together without prejudice to any party, and that joint hearing would promote completeness and avoid piecemeal litigation. Accordingly, directions were issued for both applications to be canvassed contemporaneously by way of written submissions, with...
Court Disposition
Directions issued for contemporaneous hearing of both applications by written submissions.
Orders
- The two applications to be canvassed contemporaneously by way of written submissions.
- Each party granted leave to file respective response or further response within seven days from the date of the order if not already filed.
Full Case Text
Judgment text and source record
22 paragraphs
Konnexion Systems Limited & another v Independent Electoral and Boundaries Commission (IEBC) (Commercial Case 163 of 2014) [2022] KEHC 16290 (KLR) (Commercial and Tax) (23 November 2022) (Directions)
Neutral citation: [2022] KEHC 16290 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case 163 of 2014
DO Chepkwony, J
November 23, 2022
Between
Konnexion Systems Limited
1st Plaintiff
Robert Matumbi Mworia
2nd Plaintiff
and
Independent Electoral and Boundaries Commission (IEBC)
Defendant
Directions
1. There are two applications pending determinations in this matter. One is dated September 22, 2022 and the other one is dated June 14, 2022 and directions are to issue on how the two applications should be canvassed.
2. Mr Kihara, counsel for the plaintiff urged the court to direct that the first application to be filed should be heard first, whereas the later should wait. On the other hand, Mr Lubelellah and M/S Jepkorir, counsel for the defendant and interested party respectively, urge the court to deal with the later application dated September 22, 2022 first since it cuts through the issues of this court’s jurisdiction.
3. I have read through the two applications and I have not seen a jurisdictional issue addressed in the application dated September 22, 2022 as purported by counsel as the application seeks to enjoin the interested party to the suit and for some mandatory injunction to be issued against the plaintiff. In my respectful view, these are not issues touching on the jurisdiction of the court so as to make it impossible for the two applications to be canvassed in contemporaneity. The application dated June 14, 2022 seeks to set aside some orders issued on May 15, 2019. I am therefore persuaded that the issues in the two applications can be canvassed jointly without prejudicing other party to this suit.
4. In the upshot, for completeness and avoidance of piecemeal litigation, the following directions do issue:-a.That the two applications be canvassed contemporaneously by way of written submissions.b.Each party is granted leave to file respective response or further response if the same has not been filed, within seven (7) days from date hereof.c.Parties are further granted fourteen (14) days each to file written submissions upon receipt of respective responses.d.Mention on February 1, 2023 to confirm compliance and for highlighting.It is so ordered.
DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI THIS 23RD DAY OF NOVEMBER, 2022. DO CHEPKWONYJUDGEMr Kihara appearing with M/S Wangare counsel for plaintiff.Mr Wendoh holding brief for Mr Lubulellah counsel for respondent.Mr Mutunga counsel for Konnexion Systems Ltd.Court Assistant - Sakina.