Coming up for hearing: on 18th November 2021.
Appeal filed: on 24th December 2020 and 9th February 2021 respectively.
Rule: 66(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Summoning Governor of the Central Bank of Kenya to appear as a witness
The Appellant, the Central Bank of Kenya appeals against the whole ruling and orders of the First Instance Division delivered on 15th June 2020 in Application No. 14 of 2019 Pontrilas Investment Ltd vs Central Bank of Kenya & Another (Arising from Reference No. 8 of 2017).
The grounds of appeal includes among others that; the Honorable Judges of the First Instance Division erred in law in failing to appreciate the intent and purpose of Rule 66(1) of the East African Court of Justice Rules of Procedure, 2019; that the Honorable Judges misinterpreted and misconstrued the power of the Court under the said rule; failed to appreciate the tests and principles relating to the rule; misapprehended the fact that the courts system of jurisprudence is adversarial in nature and acted as though they were in an inquisitorial system; exhibited bias by issuing orders that openly assist the 1st Respondent to build and present its case in abdicating their statutory and judicial mandate of being neutral arbiters by descending to the arena of contested facts.
That, the First Instance Division erred in finding the Governor of the Appellant was not a compellable witness and aiding the 1st Respondent failed Application by issuing witness summons to the Appellant’s Head of Supervision when no such prayer was made and failed to consider all the arguments against the Application and submission presented by the Applicant, substituting their own position and thus arriving at a wrong decision. The Appellant prays for the Appeal to be allowed and the ruling and orders of the First Instance Division be set aside with costs.
The 1st Respondent filed a cross appeal against part of the ruling on grounds that, the First Instance Division errored in holding that, the appearance of the Governor of the Central bank of Kenya was not necessary to enable the Court determines issues before it and documents listed in the 1st Respondent Application were not documents requested in compliance with the “tri-fold test of specificity, relevance and opposite party’s control”. The 1st Respondent therefore prays for orders allowing the cross appeal, Governor doth appear as a witness in the main Reference and the said documents be produced at the hearing of the Reference.
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