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ELCOtherNot stated in the judgment· [2017] KEELC 3328 (KLR)

Mohammed Jama Abdi v Jimmy Nyagaka & 4 others [2017] KEELC 3328 (KLR)

High Court of Kenya (court not expressly named in the judgment; delivered at Eldoret by a Judge)
28 February 2017
AOA. Ombwayo
171 words in judgment
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The bottom line

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Kenya's High Court refused to force pre-trial answers to questions that should instead be asked when witnesses testify in court.

What this practically means

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Executive summary

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This short first-instance ruling by A. Ombwayo J, delivered at Eldoret on 28 February 2017, arose from a mention on 30 August 2016 in a suit in which the Attorney General represented the defendant. State Counsel Mr. Odongo informed the court that the Attorney General had filed witness statements, that witnesses would respond in the dock on the issues raised in the plaintiff's interrogatories, and asked the court to visit the site to ascertain the status quo. Counsel for the plaintiff, Mr. Otieno, complained that there was no answer to the interrogatories and relied on Order 11 rule 3(2)(b) of the Civil Procedure Rules. The court held that the list of questions framed by the plaintiff were questions to be asked during cross-examination and not interrogatories. It observed that the plaintiff intended to use pre-trial discovery or witness questioning in an unfocused attempt to uncover damaging evidence against the defendant, and characterised the interrogatories as a fishing expedition. The court declined to compel answers to the interrogatories and directed the parties to set the matter down for hearing. No express order was made on the request for a site visit, and no order as to costs is recorded. The ruling is a brief case-management decision on the proper scope of interrogatories versus cross-examination.

Key legal issues

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01

Whether the plaintiff's list of questions amounted to valid interrogatories

Holding

The questions were for cross-examination at trial, not interrogatories; the plaintiff was attempting to use discovery as a fishing expedition

Reasoning

The court considered submissions from both counsel. State Counsel for the Attorney General explained that witnesses would respond in the dock on the issues raised in the interrogatories. Counsel for the plaintiff relied on Order 11 rule 3(2)(b) and complained there was no answer to the interrogatories. The court held the questions were properly matters for cross-examination and that the plaintiff intended an unfocused attempt to uncover damaging evidence, making the interrogatories a fishing expedition.

p. 2

Legal principles established

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  • Interrogatories cannot be used as an unfocused attempt to uncover damaging evidence; questions properly framed for cross-examination at trial are not proper interrogatories

Court orders

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  1. 1.Refusal to compel answers to the interrogatories, the questions being held to be matters for cross-examination rather than interrogatories
  2. 2.Direction that the parties set down the matter for hearing

Authorities

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Legislation

  • Civil Procedure RulesOrder 11 rule 3(2)(b)
Jurisdiction invoked
Not expressly stated in the judgment; first-instance civil suit governed by the Civil Procedure Rules (Order 11 rule 3(2)(b) invoked)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mohammed Jama Abdi v Jimmy Nyagaka & 4 others [2017] KEELC 3328 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3328/eng@2017-02-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.