Land and Environmental Law Division v Rebecca Njeri Karanja & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI LAND AND ENVIRONMENTAL LAW DIVISION CIVIL SUIT (ELC) NO.13 OF 2007 KENYA ANTI-CORRUPTION COMMISSION……….PLAINTIFF VERSUS REBECCA NJERI KARANJA..…………………..1ST DEFENDANT PHILLIP NJUGUNA………………………………2ND DEFENDANT WILSON GACANJA………………………………3RD DEFENDANT RULING By a notice of motion dated 12th August, 2010, the Kenya Anti-Corruption Commission, who 1. is the plaintiff herein seeks to have the defence dated 17th May, 2007 filed by the 2nd defendant, Phillip Njuguna struck out, and judgment entered in favour of the plaintiff as prayed in the plaint. 2. On 16th June, 2009, the court ordered the 2nd and 3rd defendants to make discovery on oath of the documents which are or have been in their possession or power relating to any matter in question. The defendants were further ordered to make the discovery within 30 days from that date. The plaintiff now contends that the 2nd defendant has failed to comply with the court order. 3. Although the 2nd defendant was served with 3 applications, the 2nd defendant did not file any reply to the application nor attend court for the hearing of the application. In the circumstances, in exercise of the powers conferred under Order X Rule 20 of the Civil Procedure Rules, this court orders that the defence filed by the 2nd defendant on 17th May, 2006, be struck out and judgment be entered in favour of the plaintiff as prayed in the plaint. Orders accordingly. Dated and delivered this 26th day of November, 2010 H. M. OKWENGU JUDGE In the presence of: Kagucia for the plaintiff/applicant Advocate for the defendant/respondents absent B. Kosgei - Court clerk