Gitau wa Njenga
A Kenyan lawyer based in the United Kingdom has become the first person to sue a Commonwealth country in a British court.
Mr Ronald Onyango, 36, enjoined the Republic of Kenya and the Kenya High Commission in London in a suit over Sh121 million (£1 million) allegedly owed to him.
Mr Onyango set the legal precedent after the UK High Court ordered that Kenya be named the second defendant in a civil suit he had brought against the High Commission in London on May 28, 2009. The mission is named as the first defendant.
The lawyer accuses the High Commission of breaching a contract for legal consultancy services, according to court documents made available to the Nation.
During the hearing of the case before Mr Justice Holman at the High Court of Justice, Queen’s Bench Division in Manchester on Friday, the proceedings were halted as intense legal arguments ensued over the identity of the defendant – the Kenya High Commission.
Mr Sebastian Clegg, counsel for the Republic of Kenya, argued that the Kenyan mission was “just a building” and therefore could not be sued despite having entered into legal contracts with Mr Onyango and other third parties.
Mr Clegg submitted that Mr Onyango’s claim be struck off because the High Commission was not a legal entity and for the purposes of bringing the civil action could not be sued.
Privileges
The counsel further submitted that the Kenyan mission enjoyed privileges under the State Immunity Act 1978.
Responding, Mr Simon Hilton, appearing for Mr Onyango, said the mission had entered into commercial contracts with external suppliers and was responsible for honouring any legally bidding contracts.
Mr Justice Holman, in his ruling, termed Mr Clegg’s submissions as “utter nonsense”.
The defendant’s application for injunction will be heard on Thursday this week.
-Daily Nation
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