Joan Mumbua Muli Ndunda v Qatar Airways Q.c.s.c & 1 other

Ndunda v Qatar Airways Q.C.S.C (Constitutional Petition E417 of 2020) [2023] KEHC 2682 (KLR) (Constitutional and Human Rights) (31 March 2023) (Order) Neutral citation: [2023] KEHC 2682 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS CONSTITUTIONAL PETITION E417 OF 2020 AC MRIMA, J MARCH 31, 2023 BETWEEN JOAN MUMBUA MULI NDUNDA ..................................................... PETITIONER AND QATAR AIRWAYS Q.C.S.C ................................................................. RESPONDENT ORDER 1. This matter is scheduled for a ruling on a Notice of Preliminary Objection dated February 11, 2021. It was filed by the Respondent. 2. The objection challenges the jurisdiction of this Court on inter alia the principle of extra-territorial application of the Kenyan Constitution. The objection is hinged on a contract entered into between the parties wherein it is alleged the choice of law and jurisdiction were exclusively agreed. 3. I have gone through the electronic file in the Court Tracking System (CTS) and found that the contract in issue is one of the documents in the Affidavit in support of the Petition. The Affidavit seems to have been uploaded, but the annextures thereto cannot open. Further, the annextures are not part of the instant Affidavit placed in the physical file. 4. Having sought the aid of the experts to have the uploaded annextures downloaded or at least to be opened, in vain, it is now impossible for this Court to determine the objection without a look at the contract document. 5. As a result, the following orders hereby issue: a. The Petitioner shall forward a complete copy of the Affidavit in support of the Petition together with the annextures thereto to the Hon. Deputy Registrar. The Petitioner shall, as well, upload another set of the annextures unto the Court Tracking System (CTS). https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2682/eng@2023-03-31 1

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