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ELCDismissedNot stated in the judgment text provided· [2024] KEELC 3716 (KLR)

Dopp Investments Limited v Kenya Railways Corporation & another; Kahia Transporters Ltd & 5 others (Interested Parties) (Environment & Land Case 39 of 2019) [2024] KEELC 3716 (KLR)

High Court of Kenya (not expressly named in the judgment text)
23 April 2024
NMN.A. Matheka
1,677 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court in Mombasa dismissed an attempt to pause a civil suit pending DCI and EACC investigations, confirming civil cases continue during investigations.

What this practically means

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Executive summary

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The 1st and 2nd interested parties moved the court by a notice of motion dated 22nd January 2024 under Articles 25(c), 50 and 165(6) and (7) of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, seeking a stay of proceedings in the suit pending the conclusion of criminal investigations by the DCI and EACC into Awards dated 11th October 2017 and 31st March 2023 in favour of the plaintiff. The plaintiff opposed through a replying affidavit sworn by its director, Harshil Patel, terming the application an afterthought, a fishing expedition, and noting there is no legal provision permitting a stay pending investigations. The 1st defendant and the 3rd respondent also opposed, citing unreasonable delay and section 193A of the Criminal Procedure Code, which bars criminal investigations or proceedings from stopping civil proceedings. The sole issue was whether the proceedings should be stayed. The court held that stay of proceedings is an equitable relief; as the report to the DCI and EACC was made on 4th October 2023 yet the application was filed months later, the applicants were indolent and the application was a ruse to delay the suit. Relying on authority, the court noted that only investigations, not criminal proceedings, were pending, and that investigative findings could be deployed later in court or by the ODPP. The application was dismissed with costs in the cause.

Key legal issues

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01

Whether the court should stay civil proceedings pending completion of criminal investigations by the DCI and EACC

Holding

The application was dismissed; no stay was granted.

Reasoning

The court held stay of proceedings is an equitable relief subject to equitable principles. The applicants reported the matter to the DCI and EACC on 4th October 2023 but only moved the court on 22nd January 2024, an inordinate delay. Section 193A of the Criminal Procedure Code permits concurrent civil and criminal proceedings, and in any event only investigations, not criminal proceedings, were pending. The findings of the DCI and EACC can be deployed later in court or by the ODPP, so no prejudice arises. Prolonged investigations would hamper the court's mandate and the expeditious disposal of the suit.

p. 4

Legal principles established

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  • Section 193A of the Criminal Procedure Code provides that criminal proceedings with a subject matter directly and substantially in issue in a civil proceeding shall not stop the civil proceedings
  • Stay of proceedings is an equitable relief; equity aids the vigilant and not the indolent, and delay defeats such an application
  • Stay of parallel proceedings is not automatic and is granted only in special circumstances such as bad faith or due process violation

Court orders

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  1. 1.The application dated 22nd January 2024 is dismissed
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticles 25(c), 50, 165(6) and (7)
  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 51 Rule 1
  • Criminal Procedure CodeSection 193A

Cases cited (9)

  • Watu Credit vs Geoffrey Mokaya Aboki and Karen Chepkurui
    (2022)
  • Agneta Masha Msechu vs Naomi Wanjiru Kamau
    (2018) eKLR
  • David Morton Silverstein vs Atsango Chesoni
    (2002)
  • Maina & 4 others vs Director of Public Prosecutions & 4 others (Constitutional Petition E106 & 160 of 2021 (Consolidated))
    (2022) KEHC 15 (KLR)
  • Commissioner of Police & the Director of Criminal Investigation Department & another vs Kenya Commercial Bank & 4 others
    (2013) eKLR
  • Maura Muigana vs Stellan Consult Limited & 2 Others
    Nairobi High Court Constitutional Petition No. E033 of 2021 (unreported)
  • Law Society of the Cape of Good Hope vs MW Randell
    (341/2012) [2013] ZASCA 36 (28 March 2013)
  • Jefferson Ltd v Bhetcha
    [1979] 2 All ER 1108 (CA)
  • R v BBC, ex p Lavelle
    [1983] 1 All ER 241 (QBD)
Jurisdiction invoked
Articles 25(c), 50, 165(6) and (7) of the Constitution of Kenya; Sections 1A, 1B, 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules

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, "Dopp Investments Limited v Kenya Railways Corporation & another; Kahia Transporters Ltd & 5 others (Interested Parties) (Environment & Land Case 39 of 2019) [2024] KEELC 3716 (KLR)", Case Analysis (2024). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3716/eng@2024-04-23

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