KENYA ANTI-CORRUPTION COMMISSION v REBECCA NJERI KARANJA & 2 Others [2010] KEHC 675 (KLR)

REPUBLICOFKENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

LAND AND ENVIRONMENTAL LAW DIVISION

CIVIL SUIT (ELC) NO.13 OF 2007

KENYAANTI-CORRUPTION COMMISSION……….PLAINTIFF

VERSUS

REBECCA NJERI KARANJA..…………………..1ST DEFENDANT

PHILLIP NJUGUNA………………………………2ND DEFENDANT

WILSON GACANJA………………………………3RD DEFENDANT

R U L I N G

1. By a notice of motion dated 12th August, 2010, the Kenya Anti-Corruption Commission, who 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 on17th 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