[2015] KEHC 1257 (KLR)
The court held that the filing of witness statements in civil suits is a legal requirement and not a mere procedural technicality. Article 159(d) of the Constitution, which mandates that justice be administered without undue regard to technicalities, does not extend to the disregard of substantive legal requirements...
Source-derived case information.
- Citation
- [2015] KEHC 1257 (KLR)
- Parties
- Plaintiff: Madalina Wambui Marete (suing as administratrix of the estate of Cosmas Marete, deceased); Plaintiff: Joseph Mugijia; Defendant: Julius Kigutu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 30 of 2012
- Procedural Posture
- Civil Case / Ruling on Oral Submissions Regarding Witness Statements
- Outcome
- Plaintiffs' oral submission that witness statements are procedural technicalities dismissed.
- Judges
- FM Njoroge
- Legal Topics
- Witness Statements, Procedural Technicalities, Case Management, Evidence Filing
- 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
Madalina Wambui Marete (suing as administratrix of the estate of Cosmas Marete, deceased)
Plaintiff
Joseph Mugijia
Plaintiff
Julius Kigutu
Defendant
Procedural Posture
Civil Case / Ruling on Oral Submissions Regarding Witness Statements
Legal Issues
- 1 Are witness statements in civil suits mere procedural technicalities under Article 159(d) of the Constitution of Kenya?
- 2 Is the requirement to file witness statements a legal requirement or a dispensable technicality?
Ratio Decidendi
The court held that the filing of witness statements in civil suits is a legal requirement and not a mere procedural technicality. Article 159(d) of the Constitution, which mandates that justice be administered without undue regard to technicalities, does not extend to the disregard of substantive legal requirements such as the filing of witness statements. The court emphasized that the purpose of witness statements is to ensure that parties are not ambushed by evidence and that issues in dispute are clearly known to all parties. Therefore, the oral submission by the plaintiffs' advocate that witness statements are procedural technicalities was dismissed.
Court Disposition
Plaintiffs' oral submission that witness statements are procedural technicalities dismissed.
Orders
- The oral submission by Advocate Nahashon Karuti that witness statements amount to procedural technicalities is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 30 OF 2012
MADALINA WAMBUI MARETE(SUING AS ADMINISTRATIX
OF THE ESTATE OF COSMAS MARETE(DECEASED..............1ST PLAINTIFF
JOSEPH MUGIJIA....................................................................2ND PLAINTIFF
VERSUS
JULIUS KIGUTU...........................................................................DEFENDANT
R U L I N G
This Ruling has been spawned by the Submission of Mr. Nahaashon Karuti, the Plaintiffs’ Advocate, today that witness statements are procedural technicalities. This issue arose after Mr. Wamache, holding brief for Miss Thibaru, the defendant’s advocate, told the Court that Miss Thibaru was not ready to proceed with the hearing of this case as her sister had died and she was attending her burial today. Mr. Karuti responded by saying that Court matters took precedence even over death. Whereas I agree that Court matters take precedence over many things, I do not agree that they take precedence over death. I find this statement rather insensitive.
Regarding the claim by Mr. Karuti that witness statements are procedural technicalities, I see the need to have recourse to the provision of the Constitution which deals with this matter. Section 159 (d) states as follows:-
“Justice shall be administered without undue regard to technicalities”.
It is a cardinal principle of the rule of Law that evidence of parties should be taken before a case can be determined. It is also a Cardinal rule that any party to a suit should not be ambushed with evidence introduced in a higgeldy piggeldy unstructured manner. There is need for issues facing parties in a dispute to be known notwithstanding their positions in the suit, whether plaintiffs or defendants.
The requirement for parties in Civil Suits to file witness statements is buttressed by Orders 3 rule (2) (c), Order 7 Rule 5 (c) and Order 11 Rule 5 (2) (c). The requirement that witness statements be filed is a legal requirement. It can never be a procedural technicality.
In the circumstances, I find that witness statements are not procedural technicalities as envisaged by Article 159 (d) of the Constitution of Kenya. Accordingly, I dismiss Advocate Nahashon Karuti’s Oral Submissions that witness statements amount to procedural technicalities.
Delivered in open Court at Meru this 22nd day of October, 2015 in the presence of:-
Daniel /Lilian
Nahashon Karuti for the Plaintiffs
Wamache h/b Thibaru for the Defendants.
P. M. NJOROGE
JUDGE