The Court of Appeal through a three-judge-bench has declined to proceed to hear an appeal by the Sarrai Group Limited and it’s three directors on a matter relating to the contempt of court case jail hearing slated for Thursday this week.
In a ruling done by Lady Justice Hellen Omondi on behalf of her two colleagues; Justice John Mativo and Lady Justice Grace Ngenye, the court ruled that the application was rushed for hearing whereby the respondents and even the bench did not get humble time to file responses and even the judges had no time to familiarize themselves with the matter.
“We have considered submissions by all counsel, one, pleadings have not closed, directions were given on the time frame within which submissions were to be filed and before the time lapsed hearing notice was issued on a Sunday, an ambush to the parties and even on the court,” said Justice Omondi.
The bench registered its displeasure at the manner in which the dates were rushed and noted that as judges they had no role on the rush and on constitution of the bench and therefore directed that the case be removed from the course list and another bench be constituted excluding Justices Omondi, Mativo and Ngenye.
“Due to the perceptions created and expressed, we direct that this matter be taken out and be listed before a different bench and exclude Justices Omondi, Ngenye and Mativo, we so direct,” said Justice Omondi.
Earlier on before that ruling, advocates Cyprian Wekesa and Edmond Wesonga of Wekesa and Simiyu together with Dr. John Khaminwa appearing for creditors and Paul Muite appearing for West Kenya Sugar and the first respondent Ms Jackline Kimetto appearing for Kimeto and Associates opposed the hearing of that matter raising concerns on how the matter was rushed for hearing without giving parties enough time for responses.
Mr. Wekesa termed the listing of the case on the course list as an irregularity hence called on the court to remove the matter from the course list because it did not merit to be listed before the court.
Ms Kimeto on her side also raised concern on how the bench was constituted noting that the acting president of the Court of Appeal Asike Makhandia who constituted the bench had issues facing him at the Judicial Service Commission hence her client Kimeto and associates disputed the bench as constituted by Justice Makhandia.
On their side, the lawyers Attorney General emeritus Githu Muigai representing Sarrai Group and Rakesh Kumar and Sumane Mahat representing KCB bank and Rao argued that the matter should proceed for hearing bearing in mind that the Sarrai group and its directors are to face a jail sentence before the High Court for contempt of court hence if the Court of Appeal does not give interim orders to stay the execution of the orders on contempt of court then their clients might be jailed for six months for contempt of court.
Mahat Sumane told the court that KCB and Rao are the ones that leased Mumias Sugar company to Sarrai Group Limited and therefore if they are jailed then his clients will be affected and hence wanted the matter to proceed for hearing.
Following today’s ruling by the three-judge bench of the Court of Appeal, then the Sarrai Group Ltd and its directors, Rai Singh, Rakesh Kumar and Stephen Kirumba will now wait to know their fate on Thursday when they appear before the insolvency division of the High Court sitting in Milimani Nairobi.
