By Vivian Navate
A three-judge bench comprising Hon. Lady Justice R. E. Aburili, Hon. Justice Lawrence Mugambi and Hon. Justice Kanyi Kimondo at the Milimani Law Courts on Friday recorded an undertaking by Senior Counsel Havi not to comment on the merits of an ongoing constitutional petition outside the courtroom, leading to the withdrawal of an application that had sought to restrain him from public commentary.
The application had been filed through the firm of Danstan Omari and sought orders barring the petitioner’s counsel from publishing, posting or commenting on social media or any public platform regarding the conduct, character or integrity of the first respondent, as well as on the subject matter of the proceedings, pending the hearing and determination of the petition.
During the virtual session, the court was informed that there was a dispute over service of the application. Senior Counsel Havi maintained that he had not been served, even as the respondents relied on an affidavit of service said to have been sworn on 15 December 2025.
The bench noted that Senior Counsel Havi had conceded to give an undertaking to the court and invited the respondents to indicate whether that concession would sufficiently address their concerns.
Miss Nekesa, holding brief for Mr. Omari, informed the court that, in view of the concession by Senior Counsel Havi, the respondents were ready to withdraw the motion.
The court then formally recorded the undertaking by Senior Counsel Havi that he would not comment on the merits or otherwise of the matter in any forum other than during proceedings before the court.
Following the withdrawal of the application, the bench proceeded to address other pending issues and allowed Kituo Cha Sheria to be enjoined in the proceedings as an interested party after all parties confirmed that they had no objection.
The court directed all respondents to file and serve their replying affidavits to the main petition within ten days and granted the petitioner fourteen days from the date of service to file any further affidavits.
Parties were also ordered to file and exchange short written submissions and to lodge both electronic and hard copy sets of their pleadings, submissions and authorities.
The matter was fixed for compliance before the Deputy Registrar on 16 April 2026. The bench further directed that Petition No. E557 of 2025 be heard together with Petition No. E548 of 2025, noting that the two petitions raise similar issues and seek similar reliefs. However, the court clarified that the matters will be heard together but not consolidated.
The proceedings arise from a scheduled ruling that had been set for delivery regarding the case of Estate of Sonrisa Limited vs Justice Naikuni Lucas Leperes.
