Institutions of the Community and therefore do not fall under the ambit of Article
30 of the Treaty. That they are officers employed by the Republic of Kenya. That
the maintenance of law and order is the sole responsibility of the Republic of
Kenya, hence the correct party should be the Attorney General of the Republic of
Kenya.
Counsel for the Respondents relied on the ruling of this Court in Ref. No. 1 of
2006, Prof. Anyang Nyongo and Others vs the Attorney General of the Republic
of Kenya and Ref. No.1 of 2008, Modern Holdings East Africa Ltd vs Kenya
Ports Authority in support of their contention.
The Claimant’s Counsel made a brief response in which she contended essentially
that this objection was misconceived and should be dismissed.
We have carefully perused the pleadings and the authorities cited. We entirely
agree with Counsel for the 2nd, 3rd, and 4th Respondents that they are merely
officers employed in the Republic of Kenya. The correct party is the Attorney
General.
In the Anyang Nyongo case (supra), the 2nd, 5th and 6th respondents were sued as
Clerk to the National Assembly of the Republic of Kenya, the Vice‐ President of
the Republic of Kenya and the Leader of Government Business and Chairman of
NARC – Kenya, a Political party, respectively. It was argued very strenuously by
Counsel for the applicants that since a natural person has the capacity to sue in
this Court, a natural person must have the capacity to be sued in the same Court
7