1. For determination is the application dated 28th May 2025 which seeks inter alia, to stay the proceedings before the Competition Tribunal pending the determination of the appeal filed before this court. I am aware that the respondents have been served with the application and they have not responded to it. Be that as it may, this Court has inherent powers in the interest of justice to consider the veracity of the application and decide on it nonetheless.
2. Having considered the application and the submissions made by the applicant, I am not persuaded that the orders sought are merited at this interlocutory stage. The Competition Authority is a quasi judicial body clothed with statutory mandate to hear and determine disputes within its jurisdiction. It is a well-established principle that courts should exercise restraint and allow such bodies to discharge their lawful mandate without undue interference save in the clearest of cases.
3. In my view, the interest of justice militates against granting stay in the circumstances of this case. No exceptional circumstances have been demonstrated to warrant preemptive interference. This court has jurisdiction to review or quash any decision made by the Tribunal if found to be unconstitutional or unlawful at a later stage. As such, no prejudice will be occasioned to the applicant if the proceedings are allowed to run their course.
4. The application is therefore dismissed. The costs shall await the outcome of the appeal.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 10TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE
2. Having considered the application and the submissions made by the applicant, I am not persuaded that the orders sought are merited at this interlocutory stage. The Competition Authority is a quasi judicial body clothed with statutory mandate to hear and determine disputes within its jurisdiction. It is a well-established principle that courts should exercise restraint and allow such bodies to discharge their lawful mandate without undue interference save in the clearest of cases.
3. In my view, the interest of justice militates against granting stay in the circumstances of this case. No exceptional circumstances have been demonstrated to warrant preemptive interference. This court has jurisdiction to review or quash any decision made by the Tribunal if found to be unconstitutional or unlawful at a later stage. As such, no prejudice will be occasioned to the applicant if the proceedings are allowed to run their course.
4. The application is therefore dismissed. The costs shall await the outcome of the appeal.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 10TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE