GAZETTE NOTICE NO. 190

Pursuant to Order 11 Rule 1 of the Civil Procedure Rules, 2010 it is ordered that Order 11 of the Civil Procedure Rules, 2010 is varied so that all suits commenced by Plaint or Originating Summons and proceeding to hearing in the Commercial & Tax Division of the High Court in Nairobi are exempt from Order 11 of the Civil Procedure Rules, 2010 and shall be governed by this Practice Direction. (d) Order 18 Rule 4 of the Civil Procedure Rules, 2010 provides for the use of recording processes and technology as may from time to time be approved. (e) The Judges of the Commercial & Tax Division have approved the use of Teams and such other conferencing technology as may from time to time be approved as the technology for the conduct of hearings and for taking the evidence of witnesses in virtual court proceedings. (f) The Judges of the Commercial and Tax Division direct that the taking of evidence of a witness at a virtual hearing using Teams (or such other conferencing technology as may from time to time be approved) and observing the directions set out herein satisfies the requirements of Order 18 Rules 3 and 4 of the Civil Procedure Rules, 2010 that the evidence of the witness is taken in open court and that the witness is in attendance in the 14th January, 2022 THE KENYA GAZETTE presence and under the personal directions and superintendence of the judge. (g) Virtual proceedings and judgments and orders made therein have the same effect as physical proceedings and judgments and orders made therein. Case Management 2. (a) On close of the pleadings any party may file the Case Management Checklist [appendix A to this Practice Direction] and Case Management Request [appendix B to this Practice Direction]. (b) The party filing the Case Management Checklist shall complete page 1 of the Checklist with— (i) The name and details of all parties. (ii) The name of the firm of Advocates appearing for each party together with the address details including telephone number and e-mail address. If any party is appearing in person, then this shall be stated together with the address details. (iii) The details of all pleadings which have been filed with the date on which each pleading was filed to assist the Court in identifying the relevant pleadings. If any pleading has been amended then details of the original and amended pleadings should be inserted. (iv) The details of all Bundles of Documents and List of Witnesses and the statements of such witnesses which have been filed. (c) The party filing the Case Management Checklist shall within 7 days of filing, serve the Case Management Checklist on all other parties to the suit and shall write to all other parties, with a copy to the Court, inviting those other parties to meet at the Commercial Division Registry with a view to fixing a date for the Case Management Conference. If any party is not present when the date for the Case Management Conference is fixed, the party filing the Case Management Checklist shall forthwith serve on such parties a hearing notice giving notice of the date and time fixed for the Case Management Conference. (d) Case Management Conferences and applications under section 888 of the Companies Act, 2015 will normally be heard on Friday. (e) At least 7 days before the date fixed for the Case Management Conference each party shall file and serve on all other parties the Case Management Request indicating what orders or directions that party will request at the Case Management Conference [appendix B to this Practice Direction]. (f) The Case Management Request shall state briefly the nature of the order or directions requested with any necessary documents attached eg draft amended pleading; request for particulars; request for interrogatories. (g) If any party requires an order or direction which has not been provided for in the Case Management Request then the party shall use the “12. Other Applications” box. This will include third party notices; third party directions; directions on notices between co-defendants; directions on an Originating Summons. (h) At the Case Management Conference the Judge will complete the Case Management Checklist and give all necessary directions for the expeditious and fair hearing of the suit. For this purpose the Judge will expect the advocate who appears on the Case Management Conference to be the advocate having the conduct of the suit or an advocate familiar with all aspects of the suit and fully instructed to deal with all matters which may arise on the Case Management Conference, so as to avoid unnecessary adjournments. (i) The Judge will record any directions given or orders made on the Case Management Checklist and will inform the parties present in Court of such directions and orders. (j) Where appropriate the judge will give a time for compliance with such directions or orders and will fix a further date for the Case Management Conference with a view to recording compliance; or where appropriate making a specific “Unless Order” imposing a time for compliance and stating that unless compliance is achieved by the specified time the Judge will make such orders as are necessary and just, including striking out where appropriate. (k) In the interest of avoiding unnecessary costs and delay the judges in the Division wish to encourage parties to consider Alternative Dispute Resolution - conciliation, mediation and arbitration. This is question 5 in the Case Management Checklist and will be considered by the Court before moving on to the other questions in the Case Management Checklist. (l) Bundles of Documents: (i) All bundles of documents filed will have every page numbered and all documents will be indexed. It is recommended that numbering be at the foot of the page so as to leave the top right hand corner for numbering of any Record of Appeal to the Court of Appeal. The numbering should be legible and the same on all copies of the bundle. (ii) Normally bundles should be prepared containing all documents arranged chronologically, but where the advocate having the conduct of the matter is of the opinion that for the purposes of clarity it is desirable to arrange documents in separate categories [eg securities; reports; opinions; correspondence; pleadings in another case] then the documents may be so arranged either in separate bundles or with dividers in the same bundle, but all documents in each category shall be in chronological order with every page numbered. (iii) Parties should endeavour to avoid duplicating documents which are already in an earlier bundle filed by another party, unless there is some particular reason for including a second copy of that document. (m) Statements of Evidence: (i) All statements should identify all documents referred to or relied on by reference to the Bundle in which the documents appear with the relevant page number [eg Plaintiff’s Bundle of Documents page 5] (ii) It is the practice in the Division that at the hearing each witness will be sworn and then adopt his statement of evidence. Subject to the discretion of the Judge hearing the suit, only minimal highlighting will normally be allowed. Therefore if additional matters arise from subsequent Bundles of Documents or statements of evidence leave should be obtained at the Case Management Conference for further statements of evidence or bundles to be filed. (n) Applications: (i) With the exception of applications for injunctions filed with the filing of the Plaint, all applications should as far as possible be raised and dealt with at the Case Management Conference. (ii) On hearing any application for an injunction or on the delivery of a ruling on an injunction application, the Judge may proceed to give directions for a Case Management Conference with a view to the speedy resolution of the matters in dispute. (iii) The affidavit filed in connection with any application may make reference to documents contained in any Bundle of Documents which has been filed and it shall not be necessary to exhibit such documents to the affidavits. (iv) Any application to strike out pleadings or for judgment on admission shall be made at the Case Management Conference and may not be made after completion of the Case Management Conference. (v) Certificate of Urgency— (aa) For matters brought to court under Certificate of Urgency, the urgency shall be self evident on the certificate or on the grounds. (bb) Where a matter is brought to court under a Certificate of Urgency and the Judge is satisfied that the matter is urgent, the judge shall have a discretion to grant interim orders or give directions in Chambers on the basis of the pleadings and affidavits without hearing counsel 9:33 AM THE KENYA GAZETTE 14th January, 2022 96 96 on the matter. If the Judge before whom the matter is placed is not satisfied that the matter is urgent the applicant shall be allowed to appear before the Judge ex parte to argue the application on written request by letter to the Deputy Registrar. (o) When the Judge is satisfied that all directions and orders made on the Case Management Checklist have been complied with, the Judge shall complete the certificate at the end of the Checklist. No case may be set down for hearing until the certificate has been signed. (p) On certifying the case as ready for hearing the judge shall proceed to fix a date for the hearing of the case. For this reason all advocates attending the Case Management Conference must have their diaries available so as to fix a date and have all necessary information regarding availability of their witnesses. If for any reason the judge certifying the case will not be able to hear the case then the judge will send the file to the Presiding Judge of the Division for allocation to a judge to conduct the hearing. That judge will then fix a date for hearing. (q) Case Management Conferences shall be conducted in virtual proceedings. (r) As part of the Case Management Conference the Judge will consider and give directions as to whether the hearing should be virtual or physical. (s) Hearings will normally be conducted in a virtual court unless the judge is satisfied that a physical hearing is necessary or in the best interests of the parties and justice. (t) The method by which all hearings, both virtual and physical, are conducted is a matter for the judge hearing the matter subject to the applicable law, rules and practice directions. The judge has the discretion to give such directions as to the conduct of the hearing from time to time and where appropriate to review such directions. (u) In determining whether the hearing shall be virtual or physical the court will consider— (i) Whether the hearing can fairly proceed by way of a virtual hearing. (ii) The convenience and safety of the advocates, parties and witnesses attending or participating in the hearing. The court will have particular attention to the normal place of business or residence of the witnesses and the time and expense involved in travelling to court. (iii) The nature of the evidence including documentation and the arrangements made for the presentation of such evidence. (iv) The availability of adequate technology for use by all participants. (v) What measures might be needed to ensure the just and fair hearing of the matter. (vi) As far as possible hearings should be public, unless a special order for hearing in private has been made. All matters other than hearings 3. Subject to any direction by the judge, all matters other than hearings including mentions, directions, submissions and hearing of applications shall be virtual. Virtual hearings: 4. (a) Unless otherwise ordered, virtual proceedings are governed by the same set of expectations and rules as physical hearings. (b) All participants in a virtual hearing are expected to conduct themselves with the decorum appropriate as in a physical hearing. (c) Every participant in the virtual hearing should be properly identified for the record. (d) Advocates and participants must introduce themselves for the record - and each time they speak. (e) The name appearing on the screen should be the correct name for the participant. (f) Advocates must clearly identify the documents they are referring to. (g) All participants are required to ensure that their microphones and cameras are switched off at the time of joining the proceedings to minimize on disruption of proceedings. All participants are expected to keep their microphones and cameras off until their matter is called out, and to thereafter mute their microphones once they are done addressing the Court. Microphones should be kept on mute unless speaking. (h) As is the procedure in physical court proceedings, only one person can address the Court at a time. Advocates are encouraged to desist from interrupting one another. If an advocate has an objection, response or comment which can not wait, the advocate should raise his hand to indicate that he wants to speak. Keep interruptions to a minimum. An advocate should only interject when necessary and any such interjection should be made respectfully. (i) All members of public observing the hearing must remain silent and hidden - muted microphone and camera turned off. (j) If any participant desires to take any notes using the computer keyboard, they must ensure that they are muted when doing so. (k) Whilst addressing Court, participants should speak clearly and slowly. (l) Whilst addressing Court, participants should look directly into the camera. (m) Participants should remain seated throughout the virtual hearing and should not move around. (n) Participants should refrain from eating or drinking anything but water during the proceedings. (o) Participants are reminded that any orders and directions issued by a Court conducting virtual proceedings bear the same effect as if the orders and directions were issued by a Court undertaking physical proceedings. Mode of Calling Evidence in a Virtual Hearing 5. (a) The conduct of the hearing shall be exactly the same as in a physical court. (b) The judge hearing the case shall issue directions on the manner of swearing in or affirming the witnesses before hand to facilitate the giving of evidence. In the absence of any directions a witness should have a copy of his own religious book with him for the purpose of administration of the oath. (c) The judge hearing the case shall issue any necessary guidelines on the production and adoption of any documents and statements. Technology 6. (a) All advocates and witnesses must have adequate technology to be able to participate in the hearing. This includes— (i) A computer, laptop, tablet or smart phone with a functional camera, speaker and microphone. (ii) The device should be capable of running Teams or such other conferencing technology applications as may be adopted by the Division from time to time. (iii) The device should be fully charged or connected to the mains. (iv) A stable and reliable high speed internet connection. (b) All other applications or browsers should be closed to maximise bandwidth and eliminate notifications which will cause interruptions. (c) Participants may adopt the use of headsets, where available, as these help minimize background noise and ensure better audio. (d) Advocates should familiarise themselves with the technology and ensure that they are fully prepared for their appearance, including 14th January, 2022 THE KENYA GAZETTE testing their equipment from the location in which they plan to participate in the hearing. (e) It is the responsibility of the advocate to ensure that all witnesses have adequate technology. (f) Advocates should log into the hearing before the scheduled start time - 10 minutes before the hearing. (g) The hearing will be officially recorded and no one else is permitted to electronically record the proceedings. Advocates may request typed transcripts of the proceedings or the link to the recording of the proceedings by writing to the Deputy Registrar. (h) Parties attending virtual hearings must be aware that proceedings are being recorded. (i) All participants must remain alert to any deterioration in picture and sound quality and inform the court immediately if this is impacting on the ability to participate fully in the hearing. (j) All participants/advocates should keep a telephone close by in the event there are problems with the video link, but the telephone should be on silent mode to avoid interruptions. The telephone number for the Court Assistant in each court will be shown in the Daily Cause List. (k) If any participant in a virtual hearing does not have adequate technology, the court will make facilities available provided adequate advance notice is given to the Deputy Registrar. Location of Participants in Virtual Hearings 7. (a) Participants are expected to ensure that they are in a quiet and private area with appropriate levels of lighting. The background should be free of noise and visual distractions including from other occupants of the premises. It is recommended that there should be no light coming from behind the participant. (b) Participants should sit in a professional situation, in front of a background that does not cause distraction and not in front of an uncovered window. (c) Participants shall not conduct virtual proceedings from moving objects, including motor vehicles, as this not only interferes with connectivity but also visual and audio. Parties are therefore encouraged to plan well in advance to be at a suitable location prior to the start of the proceedings. (d) Any participant in virtual proceedings who fails to comply with sub paragraphs (a), (b) or (c) above shall be removed from the proceedings and will only be admitted back to the proceedings when fully compliant. Witnesses in Virtual Hearings 8. (a) Advocates must ensure that all witnesses have received the log in details for the particular court. (b) The log in details or link will appear in the daily cause list. (c) Witness will be required to identify where they are physically located and verify that they are alone in the video conferencing space. (d) To ensure the integrity of the proceedings and subject to the direction of the judge, if a witness is participating from the advocate’s office then the witness should if possible be placed in a separate room. (e) If compliance with (c) or (d) above is not possible then the camera setting shall provide enough visibility for the court to see the witness and to verify that the witness is not receiving communication or assistance of any sort. (f) There shall be no private communications - phone, text or e-mail - with a witness during the testimony of the witness. (g) The judge will explain how advocates, parties and witnesses can communicate or raise any difficulties in hearing/communicating - see 6(j) above. (h) No one else should be in the room with the witness without notice and approval of the court - if more than one person is permitted to be in the same room they should log on separately to eliminate issues with respect to visibility but only one microphone and one speaker should be on at any one time so as to avoid echo. (i) When a party intends to call multiple witnesses to give evidence, only one witness at a time should be admitted to the proceedings while the other witnesses should be directed to leave or be removed from the virtual proceedings until it is their turn to give evidence. (j) Should the need arise, a protective virtual screen should be used to provide for vulnerable witnesses such as children, victims of abuse, or physically disabled people giving evidence by virtual means. (k) If an interpreter is required the judge will give directions as to where the interpreter shall sit in relation to the witness and the manner in which the interpretation shall be done. Exhibits and Reliance upon Pleadings, Statements of Evidence and Bundles of Documents lodged in the e-filing portal in physical and Virtual Hearings 9. (a) As far as possible and subject to directions from the judge virtual hearings shall be conducted using pleadings, statements of evidence and bundles of documents lodged in the e-filing portal. Parties are therefore encouraged to upload all pleadings and documents necessary for the conduct of the hearing on the e-filing portal within the required time lines. All documents uploaded on the e-filing portal should be clearly legible and paginated. (b) Advocates are encouraged to have at least two sets of pleadings, statements of evidence and bundles of documents to be used during the hearing, one to be used by the Advocate, and another for the witness. Parties should have as many copies as necessary where there is more than one witness in order to discourage sharing of documents i.e. one set for use by each witness. Advocates and Parties shall ensure that the copies of pleadings shall be made from the documents uploaded on the e- filing portal. Each party should— (i) Prepare an electronic bundle of documents for virtual hearings and physical for physical hearings - indexed and paginated which should be provided to the judge and all other representatives and parties well in advance of the hearing. The electronic bundles should be sent by e-mail to the e-mail address of the court hearing the matter. (ii) Have all exhibits and other documents uploaded and available to the court- send separately in PDF format to all opposing counsel - use share function in the video app. (iii) Ensure that the witnesses have all pertinent exhibits and documents ahead of the hearing so they have them readily available. (c) In the course of virtual hearings, parties may, with the leave of the Court, use the share function option on Teams to display the exhibit that is subject to examination for ease of guidance. Directions relating to Physical and Virtual Hearings 10. (a) Whether the hearing is virtual or physical, all participants are required to dress as though they are physically appearing in a courtroom. The attire for Advocates shall be as prescribed by the Law Society of Kenya Dress Code 2013 whilst litigants and witnesses are expected to be dressed in a manner that is respectful of the court process. (b) Participants must comply with rules guiding the use of recording equipment in courtrooms, and should not record, live stream or broadcast the video or audio of any proceedings unless authorized to do so by the judge hearing the case. (c) Advocates and parties seeking to call any witnesses shall desist from coaching witnesses to give their testimony in a particular manner. (d) Advocates and parties calling any witnesses shall be expected to ensure that they comply with the rules of giving evidence, including ensuring that where there is more than one witness, the other witnesses shall be kept separate from and shall not be present in the room within which the other witness is testifying. In this regard, there shall be need to ensure that the witness 9:33 AM THE KENYA GAZETTE 14th January, 2022 98 98 giving testimony is not only visible at all times to the court and the other party, but also ensure that there is no deliberate interruption in the internet connectivity, visual or audio. Physical Hearings 11. (a) When a direction has been given for a case to proceed by way of physical hearing, the case will be mentioned virtually on the morning of the hearing by the judge hearing the matter when directions as to the time and place of the hearing shall be given. (b) If parties know that a case will not be able to proceed they should ask for a mention before the judge so as to take the matter out. (c) The cases for hearing each day will be Called Over at the start of the Judge’s list each day. (d) Each hearing will be given a specific time - estimate of time required. (e) At least two hearings per day will be listed in the Diary for each judge while the COVID regulations are in force. (f) The court room will be sanitized between each hearing. (g) The court assistant will sanitize the witness box and the religious books after each witness has testified. (h) Subject to directions from the judge only witnesses, the parties and advocates will be in Court. (i) The total number of persons in a court room shall not exceed 10 in the smaller court rooms and 15 in the two large court rooms, including the judge, the court assistant and the security personnel. (j) Each party will carry enough sets of all documents for use by the advocates and witnesses. No documents will be exchanged between advocates and witnesses during the hearing. (k) Court administration will put in place procedures at the main entrance to the court building for the taking of temperatures, sanitizing, hand washing and recording of all entrants for the purposes of tracking. Transitional 12. (a) This Practice Direction shall apply to all cases pending at the date hereof as well as to all cases filed hereafter. However, if a case has already been confirmed as ready for hearing prior to the date hereof, it shall not be necessary to comply with the provisions of this Practice Direction. (b) The Practice Direction Relating to Case Management in the Commercial and Admiralty Division of the High Court at Nairobi issued by Mutunga CJ and dated 28th July 2014 and the Practice Directions issued by Musinga J on the 2nd July, 2012 and by Kasango J on the 25th June, 2018 have been fully incorporated into this consolidated Practice Direction and are therefor revoked. Miscellaneous 13. The Chief Justice may amend this Practice direction from time to time. SCHEDULE A (The Case Management Checklist) IN THE HIGH COURT OF KENYA AT NAIROBI Nature of the Claim: COMMERCIAL & ADMIRALTY DIVISION CIVIL CASE NO OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF [Name and address of advocate: ] versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT [Name and address of advocate: ] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT [Name and address of advocate: ] CASE MANAGEMENT CHECKLIST Plaint Filed on Defence filed on Reply filed on Other Pleadings Pleadings, Statements and Bundles of Documents: Compliance with Order 3 rule 2 and Order 7 rule 5: Dated Filed Orders for compliance Unless Orders Compliance certified 1. Plaintiff’s List of witnesses and statements 2. Plaintiff’s Indexed and paginated Bundle of Documents 3. Defendant’s List of witnesses and statements 4. Defendant’s Indexed and paginated Bundle of Documents 5. Alternative dispute resolution. Application Directions Should this case be referred to ADR? Further orders relating to pleadings and supporting statements and documents: Application Orders made Date Filed Compliance certified 6. Amendment of pleadings 7. Additional witness statements 8. Additional documents 9. Particulars 10. Interlocutory relief 11. Striking out 12. Other applications 14th January, 2022 THE KENYA GAZETTE Are there any objections to admissibility of any statement or documents or part thereof? When should such objection be determined? Objections Directions for determination of objections Directions on admissibility 14. Issues Yes/No Directions Compliance Have Issues been agreed and filed, if not has each party filed its Issues? 15. Consolidation, Case Stated, Test Case Application Directions (a) Consolidation with any other suit? (b) Agreement for Case Stated for the opinion of the Court (c) Test Cases Witnesses and Evidence: Application Orders 16. Witness Summonses? 17. Admission of statements of evidence without calling the makers as witnesses? 18. Admission of evidence on affidavit 19. Discovery, production or inspection of documents? 20. Interrogatories? 21. Examination of witness by an examiner or by the issue of Commission outside court and for the admission of any such examination as evidence in court? 22. Examination of Accounts 23. Expert Reports Which Experts Date of Report Directions on exchange Directions on Admissibility 24. Chronologies, maps, plans, etc. Yes/No Directions Compliance Are directions required regarding chronologies; maps; plans; diagrams Hearing: 25. Each party to prepare an indexed bundle of all pleadings, statements and documents filed by that party. Direction Compliance Is the bundle to be filed physically or virtually? Applications Directions 26. How much time is required for the hearing? 27. Should the hearing be physical or virtual? 28. Is case ready for hearing? I hereby certify that all matters which are necessary for the preparation of this case for hearing have been done and that the case may now be set down for hearing. Judge:.............................................................................. Dated......................................... Case fixed for hearing on .......................................... Judge ................................. Dated......................................... SCHEDULE B (The Case Management Request) IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL & TAX DIVISION CIVIL CASE NO OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF versus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT ………. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DEFENDANT CASE MANAGEMENT REQUEST BY The gives notice that at the Case Management Conference the following applications will be made or orders requested: Alternative Dispute Resolution Application 5. Should this case be referred to ADR Further orders relating to pleadings and supporting statements and documents: Application 6. Amendment of pleadings 7. Additional witness statements 9:33 AM THE KENYA GAZETTE 14th January, 2022 100 100 8. Additional documents 9. Particulars Page 2 10. Interlocutory relief 11. Striking out 12. Other applications 13. Are there any objections to admissibility of any statement or documents or part thereof? When should such objection be determined? What is objected to Nature of Objections 14. Issues - Are any directions required? Nature of Directions required 15. Consolidation, Case Stated, Test Case Application (a) Consolidation with any other suit? (b) Agreement for Case Stated for the opinion of the Court (c) Test Cases Application 16. Witness Summonses? 17. Admission of statements of evidence without calling the makers as witnesses? 18. Admission of evidence on affidavit 19. Discovery, production or inspection of documents? 20. Interrogatories? 21. Examination of witness by an examiner or by the issue of Commission outside court and for the admission of any such examination as evidence in court? 22. Examination of Accounts 23. Expert Reports Which Experts Date of Report Directions required 24. Chronologies, maps, plans, etc. Directions required Are directions required regarding chronologies; maps; plans; diagrams 25. Each party to prepare an indexed bundle of all pleadings, statements and documents filed by that party Direction Compliance Is the bundle to be filed physically or virtually? Applications 25. How much time is required for the hearing? 26. Should the hearing be physical or virtual? 27. Is Case ready for hearing? Dated at…………this day of ……………………., 20… ADVOCATES FOR Drawn and Filed By: To be Served Upon Dated the 11th January, 2022. MARTHA K. KOOME, Chief Justice and President of the Supreme Court of Kenya.