Lawyer for the Applicant Mr. Selemani Kinyunyu submitting to
Court, Counsel for the Respondent representing the Attorney General Mr. Charles
Mutinda Principal Litigation in the Attorney General’s Office Kenya (Left).
The Applicant sought leave of Court to withdraw the
application under Rule 51(b) of the Rules of Procedure of the East African
Court of Justice which provides that, “An Applicant or a claimant may
discontinue its reference or claim against all or any of the respondents or may
withdraw any part of the Reference or claim; and the respondent may in similar
manner discontinue or withdraw its counter claim”.
The Court therefore declared the Application as withdrawn
and ordered the costs to abide the outcome of the main Reference.
The subject of the main Reference (Case) is that the Applicant
(Alfred Koroso) a businessman from Moshi, Tanzania, was arrested and placed in
custody at Taveta Police Station in Kenya on 17 December 1993 under charges of
robbery with violence.
The Applicant was
acquitted on 7 December 1995 after a not guilty verdict. The Applicant
thereafter filed a case in the High Court Kenya in Nairobi on 15 November 1996
for payment of damages for wrongful arrest, confinement and prosecution by the
Government of Kenya.
His claim was successful and the High COurt of Kenya ordered
compensation of Kshs 21,000,000 plus interest and cost be paid to Mr. Koroso
(the Applicant).
The Applicant claims that the amount awarded to him was
supposed to be paid within 30 days from the Date of the judgment of the High
Court of Kenya on 25th March 2013 but it has never been paid to date.
Mr. Koroso (the Applicant) therefore alleges that the
refusal, failure and frustration of the decree by the Government of Kenya is an
infringement of Articles 6 (d) and 7 (2) of the Treaty for the Establishment of
the East African Community.
He further alleges that he has continued to suffer and is
incurring more damages and he is therefore claiming the said decretal sum and
an additional amount of Kshs 5,086,465 as liquidated damages.
The Reference will be heard
at a later date.
The Counsels present in Court were Mr. Selemani Kinyunyu
Lawyer for the Applicant and Mr. Charles Mutinda Princple Litigation
representing the Attorney General of Kenya both appeared before the Bench of
the First Instance Division, Honourable Justices, Jean Bosco Butasi (Principal
Judge), Isaac Lenaola Deputy (Principal Judge), Dr. Faustin Ntezilyayo, Lady
Justice Monica Mugenyi and Justice Fakihi A. Jundu in open Court.
Hakuna maoni :
Chapisha Maoni