Evans Odhiambo Kidero & 9 others v Chief Magistrate of Milimani Law Courts & 4 others [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
R. N. Nambuye, D. K. Musinga, S. Gatembu Kairu FCIArb
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Evans Odhiambo Kidero & 9 others v Chief Magistrate of Milimani Law Courts & 4 others [2020] eKLR. Discover key insights and legal implications in this significant ruling.

Case Brief: Evans Odhiambo Kidero & 9 others v Chief Magistrate of Milimani Law Courts & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Dr. Evans Odhiambo Kidero & Others vs. The Chief Magistrate of Milimani Law Courts & Others
- Case Number: Civil Appeal (Application) No. 242 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: October 9, 2020
- Category of Law: Civil
- Judge(s): R. N. Nambuye, D. K. Musinga, S. Gatembu Kairu FCIArb
- Country: Kenya

2. Questions Presented:
The central legal issues before the court include whether the applicants have demonstrated an arguable appeal and whether failing to grant the requested injunction would render the appeal nugatory.

3. Facts of the Case:
The applicants in this case are Dr. Evans Odhiambo Kidero, Dr. Susan Akello Mboya, and several other parties including companies and individuals, who are appealing against the actions taken by the Ethics and Anti-Corruption Commission (EACC) and other respondents. The dispute arises from a search warrant issued against the 1st applicant, which the applicants argue was improperly executed. They seek a stay of the High Court judgment delivered by Hon. Lady Justice Mumbi Ngugi on June 4, 2020, which they believe adversely affects their rights and interests.

4. Procedural History:
The case began when the applicants filed a Notice of Motion on June 19, 2020, requesting a stay of the High Court's judgment and an injunction against the EACC's actions pending the determination of their appeal. The 2nd respondent opposed this application, and the court reviewed the submissions from both parties, including the supporting affidavit from Dr. Kidero and the replying affidavit from the EACC.

5. Analysis:
- Rules: The court applied Rule 5(2)(b) of the Court's Rules, which governs the granting of injunctions pending appeal. This rule requires the applicants to demonstrate (1) the existence of an arguable appeal and (2) that failing to grant the order would render the appeal nugatory.

- Case Law: The court referenced *Stanley Kangethe vs. Tony Ketter & Others [2013] eKLR* to outline the principles guiding the determination of applications under the mentioned rule. This case established the necessity for both prerequisites to be satisfied for an injunction to be granted.

- Application: The court found that the applicants had satisfied the first prerequisite by demonstrating the existence of an arguable appeal. However, they failed to meet the second prerequisite, as they could not adequately counter the EACC's claims regarding ongoing investigations and potential criminal proceedings that would likely proceed independently of the appeal.

6. Conclusion:
The Court of Appeal ultimately declined the applicants' motion for an injunction, concluding that while there was an arguable appeal, the risk of the appeal being rendered nugatory was not sufficiently demonstrated. The costs of the application were ordered to abide by the outcome of the appeal.

7. Dissent:
There were no dissenting opinions recorded in this case, as all judges concurred in the ruling.

8. Summary:
The Court of Appeal ruled against the applicants' request for an injunction, emphasizing the need to satisfy both legal prerequisites for such relief. This decision highlights the court's cautious approach in balancing the rights of individuals against the necessity of ongoing investigations and legal processes, setting a precedent for similar future cases in Kenya.

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