Victoria Mwihaki Muchira, Charles Mugo Muchira & Catherine Njeri Muchira v Wanjiku Mwenja Mwangi, Teresina Mwingi, Clifford Mwangi Muchira & Nancy Wanjiku Mwangi (Civil Case 240 of 2016) [2016] KEHC 8428 (KLR) (Civ) (2 November 2016) (Ruling)

Facts

Victoria Mwihaki Muchira and her children Charles Mugo Muchira and Catherine Njeri Muchira are seeking to produce witness statements and an authority to plead and act signed by their deceased father's co-plaintiffs. The 1st and 2nd defendants and 1st interested party object to the production of these documents.

Issues

1. Whether witness statements and an authority to plead and act can be produced without calling the witnesses
2. Whether the objections raised by the defendants and interested parties are just mere technicalities

Reasoning

The court considers the evidential foundation laid by the plaintiff regarding the documents in question and the submissions by the counsel for the respective parties. The court rules that the production of the statements is objected to and the objecting parties have expressed their intention to cross-examine the witnesses. The court finds it prejudicial to deny the objecting parties the right to cross-examine and test the veracity of the evidence in question.

Outcome

The court sustains the objection and denies the production of the witness statements and the authority to plead and act.

Authorities cited