[2004] KEHC 1467 (KLR)
The court held that while the applicants' counsel should have notified the opposing party in advance and provided copies of the Report, the document would be admitted in the interests of expedition. However, the court cautioned that in future, fairness requires advance notice and provision of such documents to the...
Source-derived case information.
- Citation
- [2004] KEHC 1467 (KLR)
- Parties
- Applicant: Reverend Dr. Timothy M. Njoya and 6 others; Respondent: Honourable Attorney General and another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 82 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Admissibility of Documentary Evidence
- Outcome
- Application to introduce the Report allowed with caution for future conduct.
- Legal Topics
- Admissibility of Evidence, Documentary Evidence, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reverend Dr. Timothy M. Njoya and 6 others
Applicant
Honourable Attorney General and another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Admissibility of Documentary Evidence
Legal Issues
- 1 Whether the applicants' counsel may introduce the Kenya Constitutional Conference, 1962 Report without prior notice to the respondents.
- 2 Whether fairness requires advance notice and provision of documents to opposing counsel.
Ratio Decidendi
The court held that while the applicants' counsel should have notified the opposing party in advance and provided copies of the Report, the document would be admitted in the interests of expedition. However, the court cautioned that in future, fairness requires advance notice and provision of such documents to the opposing party. The decision balances the need for procedural fairness with the efficient administration of justice, allowing the document's introduction on this occasion but setting a clear expectation for future conduct.
Court Disposition
Application to introduce the Report allowed with caution for future conduct.
Orders
- Applicants' counsel may introduce and use the Kenya Constitutional Conference, 1962 Report in these proceedings.
- Applicants' counsel is cautioned to notify opposing parties in advance and provide copies of such documents in future.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION N0. 82 OF 2004
REVEREND DR. TIMOTHY M. NJOYA
AND 6 OTHERS……………………………………..…APPLICANTS
VERSUS
HONOURABLE ATTORNEY GENERAL
AND ANOTHER …………………………………… RESPONDENTS
RULING
Mr. Kibe Mungai, applicants’ counsel sought to rely on the Report of the Kenya Constitutional Conference, 1962 in aid of his clients’ case. He produced it from the Bar in the course of his submissions. Mr. John Ougo, counsel for the 2nd Respondent objected to the manner in which the Report was being introduced. He submitted that if the applicants counsel wished to rely on the Report, he should have produced it by affidavit in the normal way and availed it in advance to give the counsel for the 2nd Respondent an opportunity to determine how to react to it.
We share the concern of the 2nd Respondents’ counsel that the fact that the Report was going to be put in or introduced should have been made known in advance. However, we note that the Report bears what appears to be an official emblem and that it is from Her Majesty’s Stationery Office, London. We shall in the interests of expedition allow applicants’ counsel to introduce it. However, in the interests of fairness, he should in future do everything possible to notify the opposing party or parties in advance of his intention to introduce such documents and avail copies thereof in advance. Subject of this caution, the applicant’s counsel may introduce and use the Report.
Delivered at Nairobi this 5th day of March, 2004.
A. G. RINGERA B.P. KUBO M. KASANGO
JUDGE JUDGE Ag. JUDGE