1. This is a ruling on an ex parte Chamber Summons dated 26th June 2026 brought under Order 28 of the Civil Procedure Rules, Part VII of the High Court (Practice and Procedure) Rules, Gazette Notice No. 1356 of 1952, the Foreign Tribunals Evidence Act, 1856 and the inherent jurisdiction of this Court.
2. The application arises from proceedings pending before the Family Court at York, England and Wales, being Case No. 1768-5825-6377-6472 between Angela George and Darren John Edwards. In those proceedings, Angela George is the applicant wife and Darren John Edwards is the respondent husband.
3. The application is supported by the affidavit of Darren John Edwards sworn on 26th June 2026 and by a certificate of urgency sworn by counsel, Vincent K. Mutai. The applicant seeks this Court's assistance to enable Mr Edwards, who is said to be resident and physically present in Kenya, to give evidence remotely in the pending proceedings before the Family Court at York.
4. The main prayers are that this Court recognizes and facilitates the implementation of the order issued by the Family Court at York for the taking of remote evidence from Kenya; authorizes the examination of Darren John Edwards within Kenya; authorizes the Deputy Registrar, or another judicial officer designated by the Court, to administer the oath and supervise the taking of the evidence by remote electronic means; and directs that any evidence recorded and exhibits produced be certified and made available for transmission to the Family Court at York.
5. Deputy District Judge Davies made the annexed order of the Family Court at York on 16th April 2026. The order records that there are disputes between the parties on jurisdiction and/or forum conveniens. It also records that if the husband wishes to attend the next hearing remotely, including giving evidence remotely from Kenya, he should make the relevant application to that court and should confirm, with supporting evidence, that he has made an application in Kenya for the relevant permissions to appear remotely from Kenya.
6. Mr Edwards deposes that his evidence is material to the forum and jurisdiction issues before the Family Court at York; that he is willing to testify on oath and submit to examination, cross-examination and re-examination through remote means; and that facilitating his evidence from Kenya will assist the fair and expeditious determination of the foreign proceedings.
7. The single issue for determination is whether this Court should grant judicial assistance for the taking of remote evidence from a witness who is within Kenya for use in proceedings pending before a foreign court.
8. Part VII rule 1 of the High Court (Practice and Procedure) Rules empowers this Court, where a civil, commercial or criminal matter is pending before a foreign court or tribunal. It appears by commission rogatoire, letter of request, certificate or such other evidence as the Court may require that the foreign court or tribunal desires to obtain testimony from a witness within Kenya, to make such order or orders as may be necessary to give effect to that request.
9. The jurisdiction is procedural and facilitative. It is founded on comity, mutual judicial assistance, and the need to ensure that evidence relevant to proceedings before a foreign court may be obtained without offending Kenyan law, public policy, or the rights of the parties.
10. The York Court authenticated the said order, and I am satisfied that proceedings are pending before the Family Court at York. I am also satisfied that the evidence sought relates to the issue of jurisdiction and forum in those proceedings; that Darren John Edwards is within Kenya; and that the foreign court has, at the very least, required him to secure the appropriate permission from Kenya if he is to give evidence remotely from this jurisdiction.
11. The order of 16th April 2026 is a court order from the foreign proceedings. It is sufficient, for the limited purpose of this application, to show that the foreign court is willing to receive Mr Edwards' evidence remotely upon confirmation that the necessary permission has been obtained in Kenya. In the circumstances, a limited facilitative order is appropriate.
12. The orders sought herein are important as they support a purposive and facilitative approach under Part VII of the High Court (Practice and Procedure) Rules. The Court's duty is to assist, where appropriate, without assuming the jurisdiction of the foreign court and without making orders that would prejudice parties or interfere with pending Kenyan proceedings.
14. I must, however, make clear the limits of the order to be issued. The annexed order of the Family Court at York also contains substantive injunctive directions in respect of divorce proceedings in Kenya. Those substantive directions are not before this Court for recognition or enforcement. This ruling is therefore confined strictly to the taking or facilitation of remote evidence. It shall not be construed as staying, directing, supervising or otherwise interfering with Divorce Cause No. E046 of 2025 before the Chief Magistrate's Court at Kericho, or with any other Kenyan proceedings.
15. The order will also preserve the procedural rights of the parties before the Family Court at York. Any examination, cross-examination or re-examination shall be conducted in accordance with the directions of that court. In contrast, the Kenyan court's role shall be limited to such oath, identity verification, supervision, certification and transmission functions as may be necessary.
Disposition
16. For the foregoing reasons, the ex parte Chamber Summons dated 26th June 2026 is allowed in the following limited terms:
a. Permission is hereby granted for Darren John Edwards, while physically present within the Republic of Kenya, to attend remotely and give oral evidence on oath or affirmation in the proceedings pending before the Family Court at York, England and Wales, Case No. 1768-5825-6377-6472, subject to the directions of that court.
b. The Deputy Registrar of the High Court at Kericho is designated as the assisting judicial officer to administer the oath or affirmation, verify the identity of the witness, supervise the remote taking of evidence, mark any exhibits produced within Kenya, and certify any record required for transmission to the Family Court at York.
c. Before the evidence is taken, the applicant or his counsel shall lodge with the Deputy Registrar an official communication from the Family Court at York confirming the date, time, platform and arrangements for the remote hearing or evidence-taking session.
d. The evidence shall be taken in the High Court at Kericho on 13 th August 2026 at 10:00 am (UK time) as directed by the Family Court at York.
e. The parties and their legal representatives in the proceedings before the Family Court at York shall, subject to the directions of that court, be entitled to participate in the examination, cross-examination and re-examination of the witness.
f. Upon completion of the evidence-taking session, the Deputy Registrar shall certify the record or exhibits placed before this Court for certification and shall make the certified record available for transmission to the Family Court at York in accordance with the applicable procedure.
g. All court fees, administrative, interpretation, technology and transmission costs occasioned by this order shall be borne in the first instance by Darren John Edwards, subject to any order on costs by the Family Court at York.
h. For avoidance of doubt, this order is limited to facilitating remote evidence from Kenya. It does not recognise, register or enforce any substantive, interim, injunctive or matrimonial order of the Family Court at York, and it does not stay or interfere with Divorce Cause No. E046 of 2025 before the Chief Magistrate's Court at Kericho or any other Kenyan proceedings.
i. Costs of this application shall be in the cause.
T. A. ODERA
JUDGE
6.8.26
DELIVERED VIA CASE TRACKING SYSTEM(CTS) ON THIS 6 TH DAY OF AUGUST 2026.
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2. The application arises from proceedings pending before the Family Court at York, England and Wales, being Case No. 1768-5825-6377-6472 between Angela George and Darren John Edwards. In those proceedings, Angela George is the applicant wife and Darren John Edwards is the respondent husband.
3. The application is supported by the affidavit of Darren John Edwards sworn on 26th June 2026 and by a certificate of urgency sworn by counsel, Vincent K. Mutai. The applicant seeks this Court's assistance to enable Mr Edwards, who is said to be resident and physically present in Kenya, to give evidence remotely in the pending proceedings before the Family Court at York.
4. The main prayers are that this Court recognizes and facilitates the implementation of the order issued by the Family Court at York for the taking of remote evidence from Kenya; authorizes the examination of Darren John Edwards within Kenya; authorizes the Deputy Registrar, or another judicial officer designated by the Court, to administer the oath and supervise the taking of the evidence by remote electronic means; and directs that any evidence recorded and exhibits produced be certified and made available for transmission to the Family Court at York.
5. Deputy District Judge Davies made the annexed order of the Family Court at York on 16th April 2026. The order records that there are disputes between the parties on jurisdiction and/or forum conveniens. It also records that if the husband wishes to attend the next hearing remotely, including giving evidence remotely from Kenya, he should make the relevant application to that court and should confirm, with supporting evidence, that he has made an application in Kenya for the relevant permissions to appear remotely from Kenya.
6. Mr Edwards deposes that his evidence is material to the forum and jurisdiction issues before the Family Court at York; that he is willing to testify on oath and submit to examination, cross-examination and re-examination through remote means; and that facilitating his evidence from Kenya will assist the fair and expeditious determination of the foreign proceedings.
7. The single issue for determination is whether this Court should grant judicial assistance for the taking of remote evidence from a witness who is within Kenya for use in proceedings pending before a foreign court.
8. Part VII rule 1 of the High Court (Practice and Procedure) Rules empowers this Court, where a civil, commercial or criminal matter is pending before a foreign court or tribunal. It appears by commission rogatoire, letter of request, certificate or such other evidence as the Court may require that the foreign court or tribunal desires to obtain testimony from a witness within Kenya, to make such order or orders as may be necessary to give effect to that request.
9. The jurisdiction is procedural and facilitative. It is founded on comity, mutual judicial assistance, and the need to ensure that evidence relevant to proceedings before a foreign court may be obtained without offending Kenyan law, public policy, or the rights of the parties.
10. The York Court authenticated the said order, and I am satisfied that proceedings are pending before the Family Court at York. I am also satisfied that the evidence sought relates to the issue of jurisdiction and forum in those proceedings; that Darren John Edwards is within Kenya; and that the foreign court has, at the very least, required him to secure the appropriate permission from Kenya if he is to give evidence remotely from this jurisdiction.
11. The order of 16th April 2026 is a court order from the foreign proceedings. It is sufficient, for the limited purpose of this application, to show that the foreign court is willing to receive Mr Edwards' evidence remotely upon confirmation that the necessary permission has been obtained in Kenya. In the circumstances, a limited facilitative order is appropriate.
12. The orders sought herein are important as they support a purposive and facilitative approach under Part VII of the High Court (Practice and Procedure) Rules. The Court's duty is to assist, where appropriate, without assuming the jurisdiction of the foreign court and without making orders that would prejudice parties or interfere with pending Kenyan proceedings.
14. I must, however, make clear the limits of the order to be issued. The annexed order of the Family Court at York also contains substantive injunctive directions in respect of divorce proceedings in Kenya. Those substantive directions are not before this Court for recognition or enforcement. This ruling is therefore confined strictly to the taking or facilitation of remote evidence. It shall not be construed as staying, directing, supervising or otherwise interfering with Divorce Cause No. E046 of 2025 before the Chief Magistrate's Court at Kericho, or with any other Kenyan proceedings.
15. The order will also preserve the procedural rights of the parties before the Family Court at York. Any examination, cross-examination or re-examination shall be conducted in accordance with the directions of that court. In contrast, the Kenyan court's role shall be limited to such oath, identity verification, supervision, certification and transmission functions as may be necessary.
Disposition
16. For the foregoing reasons, the ex parte Chamber Summons dated 26th June 2026 is allowed in the following limited terms:
a. Permission is hereby granted for Darren John Edwards, while physically present within the Republic of Kenya, to attend remotely and give oral evidence on oath or affirmation in the proceedings pending before the Family Court at York, England and Wales, Case No. 1768-5825-6377-6472, subject to the directions of that court.
b. The Deputy Registrar of the High Court at Kericho is designated as the assisting judicial officer to administer the oath or affirmation, verify the identity of the witness, supervise the remote taking of evidence, mark any exhibits produced within Kenya, and certify any record required for transmission to the Family Court at York.
c. Before the evidence is taken, the applicant or his counsel shall lodge with the Deputy Registrar an official communication from the Family Court at York confirming the date, time, platform and arrangements for the remote hearing or evidence-taking session.
d. The evidence shall be taken in the High Court at Kericho on 13 th August 2026 at 10:00 am (UK time) as directed by the Family Court at York.
e. The parties and their legal representatives in the proceedings before the Family Court at York shall, subject to the directions of that court, be entitled to participate in the examination, cross-examination and re-examination of the witness.
f. Upon completion of the evidence-taking session, the Deputy Registrar shall certify the record or exhibits placed before this Court for certification and shall make the certified record available for transmission to the Family Court at York in accordance with the applicable procedure.
g. All court fees, administrative, interpretation, technology and transmission costs occasioned by this order shall be borne in the first instance by Darren John Edwards, subject to any order on costs by the Family Court at York.
h. For avoidance of doubt, this order is limited to facilitating remote evidence from Kenya. It does not recognise, register or enforce any substantive, interim, injunctive or matrimonial order of the Family Court at York, and it does not stay or interfere with Divorce Cause No. E046 of 2025 before the Chief Magistrate's Court at Kericho or any other Kenyan proceedings.
i. Costs of this application shall be in the cause.
T. A. ODERA
JUDGE
6.8.26
DELIVERED VIA CASE TRACKING SYSTEM(CTS) ON THIS 6 TH DAY OF AUGUST 2026.
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