Ndunda v Qatar Airways Q.C.S.C [2023] KEHC 2682 (KLR) | Jurisdiction Of High Court | Esheria

Ndunda v Qatar Airways Q.C.S.C [2023] KEHC 2682 (KLR)

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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).b.This matter shall be placed before the Presiding Judge for further proceedings.Orders accordingly.

DELIVERED, DATED and SIGNED at KITALE this31st day ofMarch, 2023. A. C. MRIMAJUDGEOrder delivered virtually in presence of;N/A for partiesCourt assistant - Chemutai