I have considered Mr Ochoki’s application for Summons to Witness and Mr Nyamweya’s application for costs. I have also considered submissions by both Counsel.
On the issue of costs, I note that we have made progress today. I do not find it necessary or even just to condemn any party to costs at this stage. Costs shall be in the cause.
Regarding the issue of Summons to Witness, I note that Mr Ochoki intends to have the two officers produce court files. In the ruling which I delivered on 30th January 2025, I noted that parties had previously confirmed that they had complied with Order 11 and that they were ready for trial. The documents that Mr Ochoki now wishes to produce have not been included by the Defendants in any list of documents.
I agree with Mr Nyamweya that it would be unjust to allow the application at this stage. Justice is as much a product of procedure as it is of substance. I dismiss the application for Summons to Witness.
Dated this 12th day of March 2025.