[2000] KEHC 301 (KLR)

[2000] KEHC 301 (KLR)

The court held that the defendant, ICIPE, enjoys statutory immunity from suit and legal process by virtue of a ministerial order made under section 9 of the Immunities and Privileges Act, which was duly ratified by Parliament and published in the Kenya Gazette. The court found that such subsidiary legislation, once ratified, is deemed to have the force of the Act itself, and thus the immunity granted is statutory. The court rejected the plaintiff's argument that only an Act of Parliament can confer such immunity, clarifying that the law allows for such powers to be exercised by ministerial order subject to parliamentary ratification. The court further found that the transaction in...

Citation
[2000] KEHC 301 (KLR)
Parties
Plaintiff: S.S. Sehmi; Defendant: I.C.I.P.E
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 February 2000
Case Number
? 314 of 1999
Procedural Posture
Civil Case / Ruling on Application to Strike Out Suit for Diplomatic Immunity
Outcome
Application allowed; suit struck out with costs.
Legal Topics
Diplomatic Immunity, Subsidiary Legislation, Jurisdiction of Court, Statutory Interpretation
Source Language
English
Civil Procedure Commercial and Corporate Diplomatic Immunity Subsidiary Legislation Jurisdiction of Court Statutory Interpretation

Case Brief

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Parties

S.S. Sehmi

Plaintiff

I.C.I.P.E

Defendant

Procedural Posture

Civil Case / Ruling on Application to Strike Out Suit for Diplomatic Immunity

Legal Issues

  1. 1 Whether the defendant enjoys statutory diplomatic immunity from suit and legal process under Kenyan law.
  2. 2 Whether privileges and immunities can be conferred by subsidiary legislation ratified by Parliament.
  3. 3 Whether the transaction in question constitutes a commercial transaction that would exclude immunity.

Ratio Decidendi

The court held that the defendant, ICIPE, enjoys statutory immunity from suit and legal process by virtue of a ministerial order made under section 9 of the Immunities and Privileges Act, which was duly ratified by Parliament and published in the Kenya Gazette. The court found that such subsidiary legislation, once ratified, is deemed to have the force of the Act itself, and thus the immunity granted is statutory. The court rejected the plaintiff's argument that only an Act of Parliament can confer such immunity, clarifying that the law allows for such powers to be exercised by ministerial order subject to parliamentary ratification. The court further found that the transaction in...

Court Disposition

Application allowed; suit struck out with costs.

Orders

  • The suit is struck out with costs to the defendant.
  • No leave to appeal is required, but leave is granted if necessary.