Central Bank of Kenya v Pontrilas Investments Limited and Another (Appeal No.3 of 2020)
Central Bank of Kenya v Pontrilas Investments Limited and Another (Appeal No.3 of 2020) [2021] EACJ 36 (18 November 2021) (Appellate Division)
The appellate division found that the trial court did not commit any procedural irregularity in its handling of document production, witness summons, or amendments to pleadings. The court held that the issue of whether the Central Bank of Kenya is an institution of the East African Community is a mixed question of law and fact, properly deferred to the substantive hearing of the reference. The trial court's exercise of discretion under Rule 66 to order production of specific documents and to summon the Head of Supervision was within its powers and not irregular, especially as the documents we…
Source excerpt
- Bank Supervision Liability
- Deposit Protection
- Procedural Irregularity
- Jurisdictional Challenge
- Document Production
- Witness Summons