Central Bank of Kenya v Pontrilas Investments Limited and Attorney General of Republic of Kenya (Application No.6 of 2022)
Central Bank of Kenya v Pontrilas Investments Limited and Attorney General of Republic of Kenya (Application No.6 of 2022) [2022] EACJ 6 (2 December 2022) (First Instance Division)
The Court found that the Central Bank of Kenya is not an Institution of the East African Community as defined by Article 9(2) and (3) of the Treaty. The evidence provided by Florence Ochago, which listed the institutions of the Community and excluded the Central Bank of Kenya, was uncontroverted. The respondent's arguments failed to rebut this evidence or provide proof that the Central Bank of Kenya was established by the Summit as required by the Treaty. The Court relied on previous decisions, including Modern Holdings (E.A.) Limited v Kenya Ports Authority and Alcon International Limited v…
Source excerpt
- Jurisdiction Ratione Personae
- Joinder Of Parties
- Institutions Of The Community
- Treaty Interpretation