[2018] KEHC 5035 (KLR)
The court held that where a person's professional reputation is adversely mentioned in court proceedings, it is only fair and just to give that person an opportunity to respond to the allegations. The court found that the proposed Interested Party's application to be enjoined was merited, as it would allow him to...
Source-derived case information.
- Citation
- [2018] KEHC 5035 (KLR)
- Parties
- Applicant: Sabina Mandere; Respondent: Republic; Interested Party: Boniface Njiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 188 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- Application for joinder of Interested Party allowed.
- Judges
- LK Kimaru
- Legal Topics
- Joinder of Parties, Right to Be Heard, Professional Reputation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sabina Mandere
Applicant
Republic
Respondent
Boniface Njiru
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the proposed Interested Party, Boniface Njiru, should be enjoined to respond to allegations made against him in the application.
- 2 Whether failure to allow the Interested Party to respond would unfairly prejudice his professional reputation.
Ratio Decidendi
The court held that where a person's professional reputation is adversely mentioned in court proceedings, it is only fair and just to give that person an opportunity to respond to the allegations. The court found that the proposed Interested Party's application to be enjoined was merited, as it would allow him to address the allegations and seek appropriate redress, thereby upholding the principles of natural justice and the right to a fair hearing.
Court Disposition
Application for joinder of Interested Party allowed.
Orders
- Boniface Njiru is enjoined as an Interested Party for the sole purpose of addressing the allegations made against him and seeking appropriate redress.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CRIMINAL APPLICATION NO.188 OF 2018
SABINA MANDERE.......................................APPLICANT
VERSUS
REPUBLIC.................................................RESPONDENT
RULING
Certain allegations were made against the proposed Interested Party, Boniface Njiru, an Advocate of the High Court of Kenya, in the application that was brought before this court. The proposed Interested Party is aggrieved that if he is not given an opportunity to respond to the allegations, that the said allegations will stand and will ruin his reputation as an advocate of good standing. This court agrees with the proposed Interested Party that a person’s professional reputation is sacrosanct and where the same is adversely mentioned, it is only fair and just to give opportunity to the affected person to respond to the allegations, if for nothing else, for the purpose of setting the record straight. This court finds that the proposed Interested Party’s application is merited and is allowed. He is enjoined as an Interested Party for the sole purpose of addressing the allegations made against him and seeking appropriate redress. It is so ordered.
DATED AT NAIROBI THIS 28TH DAY OF JUNE 2018
L. KIMARU
JUDGE