[2012] KEHC 1107 (KLR)
The court declined the renewed application for leave to cross-examine Mr John Omo, holding that the circumstances of this case did not necessitate such cross-examination at this stage. The judge found that the issues could be determined on the basis of the affidavits and submissions already before the court, and...
Source-derived case information.
- Citation
- [2012] KEHC 1107 (KLR)
- Parties
- Petitioner: Royal Media Services Ltd; Respondent: The Attorney General; Respondent: The Minister of Information and Broadcasting; Respondent: The Communication Commission of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 346 of 2012
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Application to Cross Examine Deponent
- Outcome
- Application for leave to cross-examine Mr John Omo declined.
- Judges
- DAS Majanja
- Legal Topics
- Cross Examination of Deponents, Freedom of Expression, Broadcasting Regulation
- 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
Royal Media Services Ltd
Petitioner
The Attorney General
Respondent
The Minister of Information and Broadcasting
Respondent
The Communication Commission of Kenya
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Application to Cross Examine Deponent
Legal Issues
- 1 Whether the petitioner should be granted leave to cross-examine Mr John Omo, a deponent for the respondents, at this stage of the proceedings.
Ratio Decidendi
The court declined the renewed application for leave to cross-examine Mr John Omo, holding that the circumstances of this case did not necessitate such cross-examination at this stage. The judge found that the issues could be determined on the basis of the affidavits and submissions already before the court, and that the interests of justice did not require oral examination of the deponent at this interlocutory phase. The reasons for this decision would be elaborated in the final judgment.
Court Disposition
Application for leave to cross-examine Mr John Omo declined.
Orders
- Leave to cross-examine Mr John Omo is declined at this stage.
- The application may be renewed at a later stage.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Petition 346 of 2012 [if gte mso 9]><xml>
Normal 0
false false false
EN-ZA X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-align:justify; text-indent:-17. 85pt; line-height:200%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
ROYAL MEDIA SERVICES LTD .............................................................. PETITIONER
AND
THE ATTORNEY GENERAL ............................................................1ST RESPONDENT
THE MINISTER OF INFORMATION AND BROADCASTING .......2ND RESPONDENT
THE COMMUNICATIONCOMMISSION OF KENYA .................. 3RD RESPONDENT
RULING NO. 3
1. On 22nd October 2012, after considering the petitioner’s plea for leave to cross examine Mr John Omo, I ruled that, “Leave to cross examine Mr John Omo is declined at this stage but the application may be renewed at a later stage.”
2. During the hearing of the petition, Dr Kuria, S.C., renewed his application for the cross-examination of Mr John Omo. I reserved my decision after hearing all the parties.
3. I have now considered the request in light of the depositions and submissions and in my view, I find that this case does not call for the cross examination of Mr John Omo. The reasons for this decision shall be explained in the judgement.
DATEDand DELIVERED at NAIROBI this 15th day of November 2012
D.S. MAJANJA
JUDGE