Adano v Chairman IEBC of Kenya National Chamber of Commerce & Industry & 14 others [2023] KEHC 20358 (KLR)

Adano v Chairman IEBC of Kenya National Chamber of Commerce & Industry & 14 others (Civil Suit E003 of 2023) [2023] KEHC 20358 (KLR) (20 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20358 (KLR)

Republic of Kenya

In the High Court at Garissa

Civil Suit E003 of 2023

JN Onyiego, J

July 20, 2023

Between

Gure Ali Adano

Plaintiff

and

Chairman IEBC of Kenya National Chamber of Commerce & Industry

1st Respondent

Kenya National Chamber of Commerce & Industry

2nd Respondent

Dr. Eric Kipkoech Rutto

3rd Respondent

Mustafa Mohamed Ramadhan

4th Respondent

Stanley Kiplagat Baskwony

5th Respondent

George Kimiri Karanja

6th Respondent

John Shimaka

7th Respondent

Cynthia Nyawira Kamau

8th Respondent

Kennedy Onditi

9th Respondent

David Mbatiany

10th Respondent

Joseph Mutavi Kithu

11th Respondent

Abdullahi Abdi Hersi

12th Respondent

Hussein Mohamed Jama

13th Respondent

Shakir Swaleh Mohamed

14th Respondent

Registrar of Companies

15th Respondent

Ruling

1. I have considered the application by Dr. Thinguri that the intended adoption of the consent agreement filed herein be suspended until his application dated 19-7-2023 is heard and determined. M/s Waihenya, Mr. Oguttu and Mr. Kihara who are in support of the adoption of the consent are of the view that Dr. Thinguri’s application is overtaken by events as there will be no suit to be enjoined to upon adoption of the consent.

2. That in any event Dr. Thinguri is already a plaintiff in Petition number E118/2023 Nairobi High Court where the subject matter similar to this one is still alive. Dr. Thinguri admitted the fact that he is the plaintiff in the Nairobi Suit which touches on the same subject and that his lawyer Mr. Oguttu had misled him. Having taken into account that the plaintiff herein wishes to withdraw his case, he cannot be forced to hang on.

3. Secondly, upon adoption of the consent order, there will be no suit upon which Dr. Thinguri will litigate. In any event, he is already a happy plaintiff in the Nairobi case. His application is just but an abuse of the Court process.

4. Accordingly, the consent order herein dated 11th July,2023 is adopted as an order of the court. The suit is therefore marked as settled. Dr. Thinguri’s application is therefore spent as there is no suit in place.

5. Regarding costs, the same is covered in the consent only in so far as it affects the signatories to the consent.

J. N. ONYIEGOJUDGE