Kaigi General Contractors Ltd v National Irrigation Authority [2024] KEHC 12018 (KLR)

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 12th March, 2024 as well as the verification report dated 12th March, 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 9THDAY OF OCTOBER, 2024MAUREEN A. ODEROJUDGE