[2020] KEHC 6342 (KLR)
The court found that the Respondent demonstrated sufficient urgency and reasonable cause for the late filing of submissions, primarily due to the COVID-19 pandemic and related government directives that affected court operations. Given the imminent delivery of judgment and the substantial public interest involved,...
Source-derived case information.
- Citation
- [2020] KEHC 6342 (KLR)
- Parties
- Applicant: Republic; Respondent: Kenya Revenue Authority; Applicant: Kamkis Trading Company Limited; Applicant: Mukafa EPZ Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 203 of 2018
- Procedural Posture
- Judicial Review Application / Interlocutory Application for Admission of Late Submissions Prior to Judgment
- Outcome
- Application allowed; Respondent's submissions admitted; directions issued for electronic filing, service, and hearing.
- Judges
- P Nyamweya
- Legal Topics
- Filing of Submissions, Court Timelines, Electronic Filing, Covid19 Court Practice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenya Revenue Authority
Respondent
Kamkis Trading Company Limited
Applicant
Mukafa EPZ Limited
Applicant
Procedural Posture
Judicial Review Application / Interlocutory Application for Admission of Late Submissions Prior to Judgment
Legal Issues
- 1 Whether the Respondent's late written submissions should be admitted due to COVID-19 related delays.
- 2 Whether urgency is demonstrated to warrant priority hearing of the application.
- 3 What directions should be given for service and hearing in light of the pandemic.
Ratio Decidendi
The court found that the Respondent demonstrated sufficient urgency and reasonable cause for the late filing of submissions, primarily due to the COVID-19 pandemic and related government directives that affected court operations. Given the imminent delivery of judgment and the substantial public interest involved, the court exercised its discretion to admit the Respondent's submissions. The court further issued detailed directions for electronic filing, service, and strict adherence to timelines to ensure the matter proceeds efficiently despite pandemic-related constraints. The court emphasized that time is of the essence and that non-compliance with the set timelines would not delay the...
Court Disposition
Application allowed; Respondent's submissions admitted; directions issued for electronic filing, service, and hearing.
Orders
- Notice of Motion dated 4th May 2020 certified as urgent and admitted for hearing on a priority basis.
- Respondent to serve the ex parte Applicant, Petitioner, and Interested Party with the Notice of Motion, submissions, ruling, and hearing notice within five days.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 203 OF 2018
REPUBLIC ............................................................................................. APPLICANT
VERSUS
KENYA REVENUE AUTHORITY...................................................RESPONDENT
EXPARTE
KAMKIS TRADING COMPANY LIMITED
CONSOLIDATED WITH
CONSTITUTIONAL PETITION NUMBER 198 OF 2018
MUKAFA EPZ LIMITED.................................................................PETITIONER
VERSUS
KENYA REVENUE AUTHORITY................................................RESPONDENT
AND
KAMKIS TRADING COMPANY LIMITED .................INTERESTED PARTY
RULING
The Application
1. The Respondent herein has moved this Court by an application brought by way of Notice of Motion dated 4th May 2020, seeking orders that the said application be certified urgent, and that the Court admits its written Submissions dated 20th April 2020 as part of the record in these proceedings. The main grounds for the application are stated in a supporting affidavit sworn on the same date by Carol Kinya Mburugu, the Applicant’s Advocate.
2. In summary, the Respondent states that the submissions have been filed inadvertently late due to the directives issued by government to prevent the spread of the COVID 19 pandemic, and judgment herein was reserved for 16th June 2020. Therefore, there is imminent risk that the judgment will be delivered in the absence of the Respondent’s written submissions, yet the matter involves a substantial sum of government revenue and the public interest.
3. I am satisfied that the Respondent has demonstrated that the matter is urgent, in light of the judgment set to be delivered on 16th June 2020 by Hon. Mr. Justice Mativo, who also gave the directions herein as to the filing of submissions.
The Orders
4. In the premises, and in light of the scaled down operations of the Court due to the COVID-19 pandemic, I direct and order as follows
I. TheNotice of Motion dated 4th May 2020 be and is hereby certified as urgent, and that the same is hereby admitted for hearing on a priority basis.
II. The Respondent shall serve the ex parteApplicant, Petitioner and Interested Party with theNotice of Motion dated 4th May 2020 and skeletal submissions thereon, together with a copy of this ruling, and a hearing notice within five (5) days from today’s date for inter partes hearing.
III. Upon being served with the said pleadings and documents, the ex parteApplicant, Petitioner and Interested Party shall be required to file and serve their reply to the saidNotice of Motionand skeletal submissions thereon within five (5) days from the date of service.
IV. This matter shall be heard before Hon. Mr. Justice Mativo on 8th June 2020.
V. In light of the scheduled delivery of a judgment by the Judge on 16th June 2020 time shall be of the essence and the timelines set shall be strictly observed by the parties, and directions will be given despite any default or non-compliance on the part of the parties.
VI. In addition, in view of the Ministry of Health directives on the safeguards to be observed to stem the spread of the current COVID-19 pandemic, this Court shall hear and determine the Respondent’sNotice of Motion dated 4th May 2020 on the basis of the electronic copies of the pleadings and submissions filed.
VIII. The parties shall file their pleadings, applications and written submissions electronically and avail electronic copies inword format, by sending them to the Deputy Registrar of the Judicial Review Division atjudicialreview48@gmail.comwith copies to asunachristine51@gmail.com
VIII. The electronic copies of pleadings and documents sent by the parties shall be clearly and correctly titled to indicate the J.R Case Number, the name of the Party sending it (that is whether the Ex Parte Applicant, Respondent or Interested Party), and the nature of the pleadings or document.
IX. Service of pleadings and documents directed by the Court shall be by way of personal service andelectronic mail, and in the case of service by way of electronic mail, the parties shall also send a copy of documents so served to the Deputy Registrar of this Court atmilimani.judicialreview@court.go.kewith copies toceciliakithinji@yahoo.co.ukandasunachristine51@gmail.com.
X. The Deputy Registrar of this Court shall send acopy of this ruling and the extracted orders to the Respondent by electronic mail by close ofbusiness today.
XI. The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for hearing on 8th June 2020,and bring it to the attention of Hon. Justice Mativo on that date for directions.
XII. Parties shall be at liberty to apply.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 6TH DAY OF MAY 2020
P. NYAMWEYA
JUDGE