Blow to lawyer as three-judge Bench strikes out parts of his application
Bernice Mbugua @BerniceMuhindi
A three-judge Appellate Bench has struck out parts of the appeal filed by city lawyer Charles Kanjama.
Justices Hannah Okwengu, Patrick Kiage and Francis Tuyoitt only allowed Kanjama to appeal the decision of the High Court for failing to give reasons for declining to admit him in the High Court proceedings pursuant to his joinder application.
“We strike out the memorandum of appeal dated June 8, 2021 and grant leave to the respondent(Kanjama) to file and serve another memorandum of appeal by June 30, limited to the grounds relating to his notice of appeal anchored on the failure by the High Court to give reasons for declining his application for joinder,” ruled the Judges.
Declined to admit
The Attorney General has filed an application seeking to eject Kanjama from the BBI Appeal case arguing that the High Court had declined to admit him as an interested party in the suit.
“It is evident that the respondent did not file any notice of appeal against that ruling. Instead, he has filed a notice against the judgment,” noted the judges.
According to the Judges, the High Court had rejected his application so he cannot argue the same issues before the Court of Appeal.
“The High Court in it’s ruling rejected his application saying that he cannot now purport to go round the ruling by canvassing the issues that he intended to before the High Court, but which he was unable to do because of the order refusing to have him enjoined,” the court said.
The judges struck out the part of his appeal affirming the judgment of the High Court and directed him to file and serve another memorandum of appeal by June 30.
The Judges ruled that his appeal shall not be consolidated with other appeals arising from the judgment of May 13, 2021 but shall be heard back to back with the appeals by the seven-Judge bench on 2nd July, 2021.