REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION & ECONOMICS CRIME DIVISION
ACEC SUIT NO. E019 OF 2024
ETHICS & ANTI-CORRUPTION COMMISSION…..........................PLAINTIFF
VERSUS
BONIFACE OLOO OTIATO …………………………...................DEFENDANT
RULING
I have perused the court record and noted that the defendant has been served with court process on two (2) occasions but he has never appeared. Interlocutory judgment was entered against the defendant on 30/9/2024 for failure to enter appearance or file defence. The defendant has turned up through his counsel in the last minute when the matter was about to proceed. There was no appearance for him when the matter was called out at 9.10 and confirmed for hearing at 10.00 am. His advocate Mr. Odindo logged in as the plaintiff was about to start with its witnesses. All this leads me to suspect that the defendant has closely been monitoring the progress of this matter and the last minute attempt to adjourn is a delaying tactic.
However, for the interest of justice I am minded to grant the defendant a chance to have his day in court but with penalties as follows: -
- The matter is adjourned for hearing on 23rd and 24th April 2025.
- The defendant shall pay court adjournment fees and the plaintiff’s costs and witness expenses assessed at Ksh. 20,000/= before the next hearing date. The defendant shall not have right of audience if these costs shall not have been paid.
B.M. MUSYOKI
JUDGE