Communications Commission of Kenya & 4 others v Royal Media Services Limited & 7 others [2014] eKLR
v. The Applicant’s Response
[17] Learned counsel for the applicant invited the Court to recognise that the application had been
filed well before the appeal was set down for hearing, and that the intention of the applicant was not to
delay the hearing and determination of the appeal.
[18] Counsel urged that the applicant intended to present vital information to the Court, arising from
statute as well as judicial pronouncements, with the object of aiding the Court to reach a considered
determination.
D. THE ISSUES FOR DETERMINATION
[19] The issues emerging for resolution in this application are as follows:
i. whether the applicant should be enjoined to these proceedings as an Interested Party,
pursuant to Rule 25 of the Supreme Court Rules, 2012, and whether the applicant should
be allowed to file a cross-petition at this stage of the proceedings;
ii. whether the issues intended in the cross-petition are already in issue before this Court;
iii. whether the applicant intends to argue a fresh cause, by way of cross-petition;
iv. whether there are similar matters pending before the High Court.
v. costs
E. ANALYSIS
[20] The applicant seeks to be enjoined in the appeal as an Interested Party, with further leave to file
and serve a cross-petition. Before considering the merits of the application, we wish to correct certain
errors on the face of the application. The application is premised upon Rule 25 of the Supreme Court
Rules, 2011. The correct Rule is Rule 25 of the Supreme Court Rules, 2012. As noted in Nicholas
Kiptoo Arap Korir Salat v. The Independent Electoral and Boundaries Commission & 7
Others, Sup Ct. Civil Application No.16 of 2014; [2014] eKLR, the Supreme Court Rules, 2011 were
repealed and therefore no longer in operation. In this case, the Court held:
“In developing this rich jurisprudence, the Court will not [refrain] from correcting glaring errors
of law when presented by litigants and/or counsel……….Counsel referred to the Supreme Court,
Rules 2011 which were repealed on 26th October, 2012 via Legal Notice No. 123 by the enactment
of Supreme Court Rules, 2012.”
[21] Rule 25 of the Supreme Court Rules, 2012 provides:
“1. A person may at any time in any proceedings before the Court apply for leave to be enjoined as
an interested party.
2. an application under this rule shall includea) a description of the interested party;
b) any prejudice that the interested party would suffer if the intervention was denied; and
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