Mau Resort Limited v Narok County Government [2022] KEELC 2180 (KLR)
The bottom line
#A Kenyan court set aside its ruling because one party never served the other's written submissions, confirming that service of submissions is mandatory.
What this practically means
#Executive summary
#Key legal issues
#Whether the order of 8th April 2021, delivered without the Applicant having been served with the Respondent's written submissions, should be set aside
The order was set aside because the disposition-by-submissions directive formed part of the case and non-service denied the Applicant fair participation.
The court noted that the earlier directive that the Application be disposed of by written submissions formed part of the case. The Respondent's counsel admitted filing written submissions but failed to serve them. Although the court could not determine whether the omission was intentional, fairness required that the Applicant's submissions be included before the ruling, so the order of 8th April 2021 was set aside and fresh directions on submissions issued.
Significance of written submissions in judicial decision-making
Written and oral submissions are crucial, and written submissions are now the norm serving substantive justice and expedience.
The court relied on Supreme Court authority that counsel's submissions, written or oral, have crucial significance, and on High Court and Court of Appeal authorities that written submissions are now the norm under the constitutional command against technicalities, serving expedience and enabling parties to condense their thoughts and explain their cases with ease.
Legal principles established
#- Where a court directs that an application be disposed of by way of written submissions, the submissions form part of the case and a party is entitled to be served with the other side's submissions before the ruling.
- Filing of written submissions is now the norm and serves substantive justice under Article 159 of the Constitution.
Court orders
#- 1.The Notice of Motion Application dated 15th June, 2021 allowed in terms of prayers 1, 2 and 3
- 2.The order issued on 8th April, 2021 set aside
- 3.The Respondent to serve the written submissions of the Notice of Motion Application dated 19th April, 2020 upon the Applicant within 3 days
- 4.The Applicant granted 7 days within which to file and serve its written submissions
- 5.Matter to be mentioned on 23rd day of February, 2022 to confirm compliance and for further directions
- Jurisdiction invoked
- Inherent jurisdiction under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 45 Rules 1, 2(2), Order 51 Rule 1 and Order 22 Rule 52 of the Civil Procedure Rules, 2010 (review of the court's own order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mau Resort Limited v Narok County Government [2022] KEELC 2180 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2180/eng@2022-01-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.