Kaigi General Contractors Ltd v National Irrigation Authority (Civil Case E009 of 2021) [2024] KEHC 12018 (KLR) (9 October 2024) (Ruling) Neutral citation: [2024] KEHC 12018 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E009 OF 2021 MA ODERO, J OCTOBER 9, 2024 BETWEEN KAIGI GENERAL CONTRACTORS LTD ............................................. PLAINTIFF AND NATIONAL IRRIGATION AUTHORITY ......................................... DEFENDANT RULING 1. The Defendants in this matter are seeking to withdraw from the record the witness statement of one Chris Opondo dated March 12, 2024 as well as the verification report dated March 12, 2024. 2. Counsel for the Plaintiff opposes this application arguing that the said documents were served upon them by the Defendant and now form part of the record. That the witness and the report are necessary and that the plaintiff is required by law to make full disclosure in this matter. 3. The duty of any party in a suit is to present before the court all information/documentation necessary to enable the court reach a just decision in a matter. The statement and documents in question were filed by the Defence and have already been served upon the Plaintiff. They are part of the court record. As such I decline the application to withdraw the said documents. They will remain therefore on record. 4. However the court, cannot compel the Defendant to call as a witness, a person they do not wish to have testify on their behalf. Thus the defendant is at liberty to decide whether or not to call this Chris Opondo as a witness. It is so ordered. DATED IN NYERI THIS 9TH DAY OF OCTOBER, 2024 MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12018/eng@2024-10-09 1
Original judgment
Kaigi General Contractors Ltd v National Irrigation Authority
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.