[2001] KEHC 766 (KLR)
The court found that Postal Corporation of Kenya was not a proper interested party in the dispute because the subject matter, the AFRALTI Project, was vested in the Communications Commission of Kenya following the disbandment of Kenya Posts and Telecommunications Corporation. The court accepted the preliminary...
Source-derived case information.
- Citation
- [2001] KEHC 766 (KLR)
- Parties
- Applicant: Paul Gachanga Ndarua; Respondent: Republic; Interested Party: Kipng'eno Arap Ng'eny; Interested Party: Postal Corporation of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 508 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld in part
- Judges
- DM Rimita
- Legal Topics
- Preliminary Objection, Joinder of Parties, Proper Parties
- 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
Paul Gachanga Ndarua
Applicant
Republic
Respondent
Kipng'eno Arap Ng'eny
Interested Party
Postal Corporation of Kenya
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether Postal Corporation of Kenya is a proper interested party in the proceedings.
- 2 Whether Communications Commission of Kenya should be joined as an interested party.
Ratio Decidendi
The court found that Postal Corporation of Kenya was not a proper interested party in the dispute because the subject matter, the AFRALTI Project, was vested in the Communications Commission of Kenya following the disbandment of Kenya Posts and Telecommunications Corporation. The court accepted the preliminary objection and struck out Postal Corporation of Kenya as an interested party. The court further held that Communications Commission of Kenya is the proper interested party and should be served to determine if it wishes to participate in the proceedings. The decision was based on the proper identification of parties with a direct interest in the subject matter and the application of...
Court Disposition
preliminary objection upheld in part
Orders
- Postal Corporation of Kenya is struck out as an interested party.
- Communications Commission of Kenya to be served and to appear before the court on 29th November 2001.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. APPLICATION NO. 508 OF 2001
PAUL GACHANGA NDARUA …………………………… APPLICANT REPUBLIC ……………………………………………….RESPONDENT KIPNG’ENO ARAP NG’ENY AND ANOTHER …INTERESTED PARTIES
RULING
The applicant in this case Paul Gachanga Ndarua has on his application dated 12th June 2001 named the Republic as the Respondent. He has also named two interested parties. They are KIPNGENO ARAP NGENY and the Postal CORPORATION OF KENYA respectively.
At the hearing Mr. Ojiambo Advocate who appeared for the postal Corporation of Kenya raised a preliminary objection. The preliminary objection was under order 1 r. 10 of the Civil Procedure rules and was based in an affidavit sworn by Mr. John F.K. Omanga the Corporation Secretary of the Postal Corporation of Kenya. We have perused and considered the annexutures to Mr. Omanga’s affidavit. We agree with Mr. Ojiambo Advocate that when Kenya Posts and Telecommunications Corporation was disbanded its assets, and liabilities were shared among and vested in three newly formed Corporations, to wit;
(1) Postal Corporation of Kenya
(2) Telekom Kenya Ltd.
(3) Communications Commission of Kenya
AFRALTI Project which forms the basis of the matter before us was vested in the Communications Commission of Kenya. Mr. Kilonzo, Advocate for the applicant told us that he served the said Communications Commission of Kenya but it declined service and referred him to the Postal Corporation of Kenya. Postal Corporation of Kenya accepted service but in protest. Hence the preliminary objection before us. We have considered the preliminary objection and what each side had to say. We agree with Mr. Ojiambo Advocate that under the circumstances of this case Postal Corporation of Kenya is not a proper interested party in the dispute before us. It is struck out as prayed.
However, we are of the view that Communications Commission of Kenya is an interested party in the matter. We believe they declined service of the court process due to misunderstanding of their position in the matter. We order that they be served to come before us and tell us whether they wish to be heard in this matter or not. We order that C.C.K be served today to appear before us on 29th day of November 2001.
We will make no order or to costs in the preliminary objection.
Dated and delivered at Nairobi this 28th day of November 2001.
1. D.M. Rimita
Judge
2. N.R.O. Ombijah
Judge
28. 11. 2001